On May 24, 2017 a
Order
was filed
involving a dispute between
Dayonna Howell,
and
Dream Land,
G Aranda-Bernardez,
John Doe The Name John Doe Being Fictitious And Intended To Designate The Person Operating The Automobile Of Said Dream Land, At The Time And Place Herein Alleged,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
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(FILED: NEW YORK COUNTY CLERK 0572372018 12:02 PM INDEX NO. 154787/2017
: NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ADAM SILVERA PART_@22
ws Justice
Da youna Howell woexno. 15478 7/7
MOTION DATE.
@ Aranda Berna des etal MOTION SEQ.NO._COOR
‘The following Papers, numbered
4 to SS _ , were read on this motion #§for semua jelgmae
Notice of Motion/Order
to Show Cause
— Affidavits — Exhibits {Nois)__
1, 2.3
Answering Affidavits — Exhibits [Nojs). 4
Replying Affidavits [Noje). Ss
Upon the foregoing papers, It is ordered that this motion
defendant G
.| for summary judgment, pursuant to CPLR 3212, is granted on the issue of liability against
owned by
Aranda-Bernardez. Plaintiff's motion, which contends that she was a passenger in the vehicle
Bernardez’s vehicle,
defendant Dream Land when the rear of such vehicle was struck by defendant Aranda-
Bernardez to raise a
has made out a prima facie case of negligence, and the burden shifts to defendant Aranda-
851, 853 (1985). “[A]
triable issue of fact. See Winegrad v New York University Medical Center , 64 NY2d
nce on the part of
rear-end collision with a stopped or stopping vehicle establishes a prima facie case of neglige
with an adequate
the driver of the rear vehicle, ...[and] shift[s] the burden to defendant to come forward
nternal quotations
nonnegligent explanation for the accide: nt”. Cruz v Lise, 123 AD3d 514 (1% Dep’t 2014)(i
y is outstanding.
omitted). Here, defendant Aranda-Bernarde: z argues that this motion is premature as discover
“However, defendant’s failure to raise any factual issues to absolve him of liability or even submit
a sworn
defendant is
statement of facts or to credibly explain the failure to do so defeats the need for discovery. Since
], discover y would
& the party with knowledge of the fac ‘tual circumstances as to how...[the accident occurred
serve no purpose.” Johnson v Phillips, 261 AD2d 269, (1 Dep’t 1999). As such,
plaintiff's motion for
summary judgment is granted as to defendant G Aranda-Bernardez’s liability.
”
Accordingly, it is
2 as against
ORDERED that plaintiffs motion for summary judgm ent is granted on the issue of liability
i w
defendant G Aranda-Bernardez onl ly; and it is further
ORDERED that all counsel shall appear for a previously scheduled compliance conference on October
29, 2018 at 9:30am in room 103 of 80 Centre Street, New York, NY; and it is
further
ORDERED that within 30 days of entry, plaintiff shall serve a copy of this dj
E defendants with notice of entry.
This constitutes the Decision/Order of the Court.
ION ADAM 'SILVERA~
Dated: a
C.
4. CHECK ONE: w..cssssessonsnseoon (2 Case DISPOSED Wron-FinaL oS POSITION
2. CHECK AS APPROPRIATE: RANTED.
MOTION IS: ([JDENIED COGRANTEDINPART (JOTHER
CK S .ssssssscrresosecarnsecorensooenn wonu []SETTLE ORDER
IF APPROPRIATE
3. CHE CO sueMit ORDER
(JDO NoT Post oO FIDUCIARY APPOINTMENT [JREFERENCE
—— en a me ae
lof 1
Document Filed Date
May 23, 2018
Case Filing Date
May 24, 2017
Category
Torts - Motor Vehicle
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po = neuen (FILED: NEW YORK COUNTY CLERK 0572372018 12:02 PM INDEX NO. 154787/2017 : NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/23/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ADAM SILVERA PART_@22 ws Justice Da youna Howell woexno. 15478 7/7 MOTION DATE. @ Aranda Berna des etal MOTION SEQ.NO._COOR ‘The following Papers, numbered 4 to SS _ , were read on this motion #§for semua jelgmae Notice of Motion/Order to Show Cause — Affidavits — Exhibits {Nois)__ 1, 2.3 Answering Affidavits — Exhibits [Nojs). 4 Replying Affidavits [Noje). Ss Upon the foregoing papers, It is ordered that this motion defendant G .| for summary judgment, pursuant to CPLR 3212, is granted on the issue of liability against owned by Aranda-Bernardez. Plaintiff's motion, which contends that she was a passenger in the vehicle Bernardez’s vehicle, defendant Dream Land when the rear of such vehicle was struck by defendant Aranda- Bernardez to raise a has made out a prima facie case of negligence, and the burden shifts to defendant Aranda- 851, 853 (1985). “[A] triable issue of fact. See Winegrad v New York University Medical Center , 64 NY2d nce on the part of rear-end collision with a stopped or stopping vehicle establishes a prima facie case of neglige with an adequate the driver of the rear vehicle, ...[and] shift[s] the burden to defendant to come forward nternal quotations nonnegligent explanation for the accide: nt”. Cruz v Lise, 123 AD3d 514 (1% Dep’t 2014)(i y is outstanding. omitted). Here, defendant Aranda-Bernarde: z argues that this motion is premature as discover “However, defendant’s failure to raise any factual issues to absolve him of liability or even submit a sworn defendant is statement of facts or to credibly explain the failure to do so defeats the need for discovery. Since ], discover y would & the party with knowledge of the fac ‘tual circumstances as to how...[the accident occurred serve no purpose.” Johnson v Phillips, 261 AD2d 269, (1 Dep’t 1999). As such, plaintiff's motion for summary judgment is granted as to defendant G Aranda-Bernardez’s liability. ” Accordingly, it is 2 as against ORDERED that plaintiffs motion for summary judgm ent is granted on the issue of liability i w defendant G Aranda-Bernardez onl ly; and it is further ORDERED that all counsel shall appear for a previously scheduled compliance conference on October 29, 2018 at 9:30am in room 103 of 80 Centre Street, New York, NY; and it is further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this dj E defendants with notice of entry. This constitutes the Decision/Order of the Court. ION ADAM 'SILVERA~ Dated: a C. 4. CHECK ONE: w..cssssessonsnseoon (2 Case DISPOSED Wron-FinaL oS POSITION 2. CHECK AS APPROPRIATE: RANTED. MOTION IS: ([JDENIED COGRANTEDINPART (JOTHER CK S .ssssssscrresosecarnsecorensooenn wonu []SETTLE ORDER IF APPROPRIATE 3. CHE CO sueMit ORDER (JDO NoT Post oO FIDUCIARY APPOINTMENT [JREFERENCE —— en a me ae lof 1