SAUNDERS v. LACOROTONDO (2001)

Supreme Court, Appellate Division, First Department, New York.

Jacqueline SAUNDERS, Plaintiff-Appellant, v. Antonio LACOROTONDO, Defendant-Respondent.

Decided: November 15, 2001

SULLIVAN, P.J., MAZZARELLI, WALLACH, RUBIN and FRIEDMAN, JJ.

Scott W. Wunderlich, for Plaintiff-Appellant. Sylvia DuBois, for Defendant-Respondent.

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about February 1, 2001, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Since defendant provided an explanation not involving negligence on his part as to how his car came to strike plaintiff's vehicle from behind, the motion court properly denied plaintiff's motion for summary judgment on the issue of liability (cf., Shelton v. Rivera, 286 A.D.2d 587, 730 N.Y.S.2d 219). In addition, contrary to plaintiff's contention, the evidence on the motion did not warrant the motion court finding, as a matter of law, that defendant, just prior to the accident, had been following plaintiff's vehicle too closely.

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