RICHARD v. VENTURA (2023)

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 6, 2022, which granted defendant Angel Ventura's motion for summary judgment dismissing plaintiff Mark Richard's complaint as against him, and order, Supreme Court, Bronx County (Bianka Perez, J.), entered June 2, 2023, which granted defendant Ventura's motion for summary judgment dismissing plaintiff Adriana Dzib's complaint as against him, unanimously affirmed, without costs.

Plaintiffs were passengers in defendant Ventura's livery cab when the cab was rear-ended by a vehicle driven by defendant Omar Enrique Sabio.  It is undisputed that Sabios vehicle rear-ended Ventura's vehicle without an accompanying nonnegligent explanation, thus establishing a prima facie case of negligence on Sabio's part (see Santana v. Danco Inc., 115 A.D.3d 560, 560, 982 N.Y.S.2d 455 [1st Dept. 2014]).

In opposing Ventura's motions for summary judgment, plaintiffs failed to raise a triable issue of fact as to Ventura's negligence (see Callahan v. Haji, 189 A.D.3d 610, 610–611, 134 N.Y.S.3d 707 [1st Dept. 2020]).  Plaintiffs’ affidavits confirmed that Ventura's cab was “violently rear-ended,” and the impact was “very hard,” without asserting that Ventura in any way contributed to the collision to suggest apportionment of fault between the drivers.  Further, plaintiffs’ claim that had Ventura not “jerked the steering wheel” and applied the brakes properly, Ventura could have avoided crashing into the guard rail, is speculative, and thus insufficient to defeat summary judgment (see Gramble v. Precision Health, 267 A.D.2d 66, 67, 699 N.Y.S.2d 393 [1st Dept. 1999]).

Contrary to plaintiffs’ contention, Ventura's motions were not premature and further discovery was unnecessary since plaintiffs had personal knowledge of the relevant facts concerning the accident (see Callahan, 189 A.D.3d at 611, 134 N.Y.S.3d 707).