| Rivera v Gardillo |
| 2014 NY Slip Op 00215 [113 AD3d 667] |
| January 15, 2014 |
| Appellate Division, Second Department |
| Gustave A. Rivera, Appellant, v Ivan O. Gardilloet al., Respondents. |
—[*1] Jeffrey Samel & Partners, New York, N.Y. (David M. Samel of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from anorder of the Supreme Court, Kings County (Jacobson, J.), dated May 17, 2012, whichdenied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of lawby submitting a transcript of his deposition testimony, wherein he stated that he had beenat a complete stop when his vehicle was struck in the rear by a vehicle driven by thedefendant Ivan O. Gardillo (seeDeLouise v S.K.I. Wholesale Beer Corp., 75 AD3d 489 [2010]; Volpe v Limoncelli, 74 AD3d795 [2010]; Staton vIlic, 69 AD3d 606 [2010]; Lampkin v Chan, 68 AD3d 727 [2009]). However, inopposition to the motion, the defendants raised a triable issue of fact by proferring anonnegligent explanation for the accident (see Briceno v Milbry, 16 AD3d 448 [2005]; Simpson vEastman, 300 AD2d 647 [2002]; Artis v Jamaica Buses, 262 AD2d 511[1999]). Accordingly, the Supreme Court properly denied the plaintiff's motion forsummary judgment on the issue of liability. Skelos, J.P., Dillon, Dickerson and Austin,JJ., concur.