Utica Nat'l Ins. Co. of Tex. v. Clennan

1 Citing case

  1. State Farm Mut. Auto. Ins. Co. v. Novellino

    176 A.D.3d 1134 (N.Y. App. Div. 2019)   Cited 1 times

    Contrary to the defendant's contention, the evidence submitted in support of the plaintiff subrogee's motion established its prima facie entitlement to judgment as a matter of law on the issue of liability. The plaintiff subrogee demonstrated that the defendant's vehicle struck the subrogor's legally parked vehicle, and that the defendant's negligence was a proximate cause of the accident (seeSieredzinski v. McElroy , 303 A.D.2d 575, 576, 756 N.Y.S.2d 761 ; Utica Natl. Ins. Co. of Tex. v. Clennan , 43 Misc.3d 140[A], 2014 N.Y. Slip Op 50806[U], 2014 WL 2178843 [App Term, 2d Dept, 9th & 10th Jud Dists 2014]; see alsoRodriguez v. City of New York , 31 N.Y.3d 312, 76 N.Y.S.3d 898, 101 N.E.3d 366 ). In opposition, the defendant failed to provide a nonnegligent explanation for the collision into the subrogor's parked vehicle, or evidence sufficient to demonstrate that anyone else was the sole proximate cause of the accident, even if the subrogor's vehicle was allegedly illegally parked.