Wednesday, November 9, 2016

Summary judgment in a rear-ended vehicle accident.

Practice point:  The motion court denied plaintiffs' motion for partial summary judgment on the issue of liability, with leave to renew upon completion of all parties' depositions, and the Appellate Division reversed. Plaintiffs established entitlement to judgment as a matter of law by submitting evidence showing that they were injured when defendants' vehicle hit their stopped vehicle from behind as they waited at a red light.  Defendants did not provide a non-negligent explanation for why their vehicle rear-ended plaintiffs' vehicle. They did not demonstrate the need for plaintiffs' depositions, since any information as to why their car rear-ended plaintiffs' vehicle reasonably is within defendants' own knowledge.

Case:  Castaneda v. DO&CO N.Y. Catering, Inc., NY Slip Op 07118 (1st Dep't November 1, 2016)

Here is the decision.

Tomorrow's issue: Appellate review of a nonjury trial.