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Mario FRANCO, Plaintiff–Appellant, v. ROLLING FRITO–LAY SALES, LTD., et al., Defendants–Respondents.
Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 9, 2012, which, in this personal injury action arising from a motor vehicle accident, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The unsigned deposition transcripts submitted by defendants in support of their motion were admissible (see CPLR 3116[a] ). Plaintiff's transcript was certified by the reporter and plaintiff does not challenge its accuracy (Sass v. TMT Restoration Consultants Ltd., 100 A.D.3d 443, 443, 953 N.Y.S.2d 574 [1st Dept 2012] ). Although the unsigned deposition transcript of defendant Jordain was not certified by a reporter, it “was submitted by the party deponent himself, and therefore, was adopted as accurate by the deponent” (Rodriguez v. Ryder Truck, Inc., 91 A.D.3d 935, 936, 937 N.Y.S.2d 602 [2d Dept 2012] ).
Defendants, as the owner and operator of the stopped vehicle that was rear-ended by plaintiff, were entitled to summary judgment dismissing the complaint. Plaintiff failed to provide a nonnegligent explanation for the collision (see Francisco v. Schoepfer, 30 A.D.3d 275, 275–276, 817 N.Y.S.2d 52 [1st Dept 2006] ). Plaintiff's assertion that defendants' vehicle had “stopped suddenly” is insufficient to rebut the presumption of his negligence (id. at 276, 817 N.Y.S.2d 52).
We have considered plaintiff's remaining contentions and find them unavailing.
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Decided: February 21, 2013
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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