Opinion
2014-09-23
Benjamin MORALES, Plaintiff–Appellant, v. Jorge GARZON, et al., Defendants–Respondents.
Sakkas, Cahn & Weiss, LLP, New York (Matthew Sakkas of counsel), for appellants. Ginsberg, Becker & Weaver, LLP, New York (Robert D. Becker of counsel), for respondents.
Sakkas, Cahn & Weiss, LLP, New York (Matthew Sakkas of counsel), for appellants. Ginsberg, Becker & Weaver, LLP, New York (Robert D. Becker of counsel), for respondents.
Judgment, Supreme Court, Bronx County (Mary Ann Brigantti–Hughes, J.), entered June 20, 2013, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 10, 2013, which granted defendants' motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Defendants established under any version of the facts that plaintiff was negligent, by demonstrating that, while under a darkened overpass, their tractor-trailer was struck in the rear by plaintiff's box truck. Plaintiff failed to provide a nonnegligent explanation for the collision ( see Avant v. Cepin Livery Corp., 74 A.D.3d 533, 904 N.Y.S.2d 381 [1st Dept.2010] ). MAZZARELLI, J.P., RENWICK, ANDRIAS, RICHTER, FEINMAN, JJ., concur.