Opinion
570127/04.
Decided October 1, 2004.
Defendants Lizzie Spruill and Frederick D. Spruill appeal from an order of the Civil Court of the City of New York, Bronx County, entered November 25, 2003 (Robert A. Sackett, J.) which granted a motion by defendant Drutjons for summary judgment dismissing appellants' cross-claim against him.
Order entered November 25, 2003 (Robert A. Sackett, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The negligence action arises from an automobile accident in which the vehicle driven by defendant-respondent was hit in the rear by the vehicle driven and owned by defendants-appellants. In moving for summary judgment, respondent asserted that he brought his vehicle to a stop on Bruckner Boulevard directly in front of a large pothole and was stationary for 10 seconds when it was hit from behind by appellants' vehicle. In opposition, appellants relied principally upon their attorney's allegations that respondent had negligently driven his vehicle into the pothole prior to the collision and was "attempt[ing] to back up out of the pothole at the moment of the impact." Counsel's allegations lack record support and have no probative value ( see Johnson v. Philips, 261 AD2d 269). Nor did the opposition papers otherwise explain why the appellant driver did not maintain a safe distance from the vehicle in front of him or adduce facts sufficient to raise a genuine issue of fact as to whether any negligence on respondent's part contributed to the accident ( id.; see Verdejo v. Aquirre, 8 AD3d 63; Guzman v. Schiavane Constr. Co., 4 AD3d 150). Thus, respondent's motion for summary judgment dismissing appellants' cross claim against him was properly granted.
This constitutes the decision and order of the court.