TAVERAS v. “John Doe,” Defendant. (2021)

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

Isabel TAVERAS et al., Plaintiffs–Appellants, v. Gizette ORTIZ, Defendant–Respondent, “John Doe,” Defendant.

13434

Decided: March 25, 2021

Manzanet–Daniels, J.P., Kern, Moulton, Shulman, JJ.

Mitchell Dranow, Sea Cliff, for appellants. Mead, Hecht, Conklin & Gallagher, LLP, White Plains (George P. Epstein, II of counsel), for respondent.

Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered May 21, 2020, which, to the extent appealed from as limited by the briefs, in this action for personal injuries sustained when defendant's vehicle struck the rear of plaintiff's vehicle, denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

The descriptions of the accident given by the parties at their depositions render this matter inappropriate for resolution on summary judgment. In light of plaintiff's testimony that at the time of the accident, she was traveling 40 miles per hour on the expressway, with no cars traveling in front of her, as well as defendant's sworn testimony that plaintiff suddenly stopped on the highway, the record is sufficient to offer a possible nonnegligent explanation for the accident (see Baez–Pena v. MM Truck & Body Repair, Inc., 151 A.D.3d 473, 56 N.Y.S.3d 307 [1st Dept. 2017]; Berger v. New York City Hous. Auth., 82 A.D.3d 531, 918 N.Y.S.2d 458 [1st Dept. 2011]).

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