PUJOLS v. Noel Ramirez et al., Defendants–Appellants. (2024)

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

Rosalina PUJOLS, Plaintiff–Respondent, v. PROS ON THE MOVE, LLC, Defendant–Respondent, John Doe, Defendant, Noel Ramirez et al., Defendants–Appellants.

1540

Decided: January 30, 2024

Webber, J.P., Friedman, González, Shulman, Pitt–Burke, JJ.

The Zweig Law Firm, P.C., Woodmere (Daniel Rifkin of counsel), for appellants.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 22, 2023, which, to the extent appealed from, denied defendants Noel Ramirez and Bronx Auto Leasing, Inc.’s motion for summary judgment dismissing the complaint and all cross-claims against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants Ramirez and Bronx Auto Leasing were entitled to summary judgment dismissing the complaint and cross-claims against them as plaintiff's unrefuted testimony that the taxi owned by defendant Bronx Auto Leasing, Inc. and operated by defendant Noel Ramirez, in which she was a passenger, was rear-ended after it had come to a complete stop, established defendants’ lack of negligence (see Vehicle and Traffic Law § 1129(a); Agramonte v. City of New York, 288 A.D.2d 75, 76, 732 N.Y.S.2d 414 [1st Dept. 2001]; Johnson v. Phillips, 261 A.D.2d 269, 271, 690 N.Y.S.2d 545 [1st Dept. 1999]).

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