Order: Calvin Ellison v. Ltb Mechanical Corp, Michael Butler

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                                INDEX        NO.   150318/2017
NYSCEF   DOC.     NO.    34                                                                                  RECEIVED     NYSCEF:     01/29/2019



                                     SUPREME COURT OF THE STATE OF NEW YORK
                                                NEW YORK COUNTY
                PRESENT:          HON. ADAM SILVERA                                           PART                IAS MOTION 22
                                                                                Justice
                                                                                    X         INDEX NO.            150318/2017
                 CALVIN ELLISON,
                                                                                              MOTION DATE           01/16/2019
                                                  Plaintiff,
                                                                                              MOTION SEQ. NO.             002
                                              -vV-

                 LTB MECHANICAL CORP, MICHAEL BUTLER
                                                                                                 DECISION AND ORDER
                                                  Defendant.

                                                                                     X
             The following e-filed documents, listed by NYSCEF document number (Motion 002) 25, 26, 27, 28, 29,
            31, 32
                were read on this motion to/for                                           JUDGMENT - SUMMARY

                    Upon the foregoing documents, it is ordered that plaintiff's motion for summary
            judgment, pursuant to CPLR 3212, is granted as to liability against defendants LTB Mechanical
                Corp. and Michael Butler. Plaintiff's motion, which contends that his vehicle was stopped in
                traffic when he was struck in the rear by defendants’ vehicle, has made out a prima facie case of
                negligence, and the burden shifts to defendants to raise a triable issue of fact. See Winegrad v
                New York University Medical Center, 64 NY2d 851, 853 (1985). “[A] rear-end collision with a
                stopped or stopping vehicle establishes a prima facie case of negligence on the part of the driver
                of the rear vehicle, ...[and] shift{s] the burden to defendant to come forward with an adequate
                nonnegligent explanation for the accident”. Cruz v Lise, 123 AD3d 514 (1* Dep’t 2014)(internal
                quotations omitted). Here, no opposition has been filed by defendants such that defendants have
                failed to raise any triable issues of fact. As such, plaintiffs motion for summary judgment is
                granted as to defendants’ liability.
                         Accordingly, it is
                         ORDERED that plaintiff's motion for summary judgment is granted on the issue of
                liability as against defendants LTB Mechanical Corp. and Michael Butler; and it is further
                         ORDERED that all parties shall appear for a previously scheduled compliance
                conference on February 4, 2019 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 decision/order
                upon all parties with notice of entry.
                          This constitutes the Decision/Order of the Court.

                         112412019
                                                                                                           A       ZAL-=
                           DATE                                                                    ADAM SILVERA, J.S.C.
                 CHECK ONE:                       CASE DISPOSED                           NON-FINAL DISPOSITION
                                                  GRANTED         CL   DENIED             GRANTED IN PART          oO OTHER
                 APPLICATION:                     SETTLE ORDER                            SUBMIT ORDER
                 CHECK IF APPROPRIATE:            INCLUDES TRANSFER/REASSIGN              FIDUCIARY APPOINTMENT   O      REFERENCE

                 150318/2017    ELLISON, CALVIN vs. LTB MECHANICAL CORP                                               Page 1 of 1
                 Motion No. 002



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