Charles v. Nicholson

• Decision Date: 30 March 2022
• Docket Number: 2019–06355,Index No. 517260/16
• Citation: 203 A.D.3d 1124,163 N.Y.S.3d 419 (Mem)
• Parties: Guillory CHARLES, et al., respondents, v. Rodney NICHOLSON, appellant.
• Court: New York Supreme Court — Appellate Division

203 A.D.3d 1124
163 N.Y.S.3d 419 (Mem)

Guillory CHARLES, et al., respondents,
v.
Rodney NICHOLSON, appellant.

2019–06355
Index No. 517260/16

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

Submitted—January 6, 2022
March 30, 2022

Michael E. Pressman, New York, NY (Stuart B. Cholewa of counsel), for appellant.

Pavlounis & Sfouggatakis, LLP (The Altman Law Firm PLLC, Woodmere, NY [Michael T. Altman ], of counsel), for respondents.

HECTOR D. LASALLE, P.J., FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Karen B. Rothenberg, J.), dated February 21, 2019. The order, insofar as appealed from, granted the plaintiffs' motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action to recover damages for personal injuries arising out of a motor vehicle accident. The

163 N.Y.S.3d 420

defendant appeals from so much of an order of the Supreme Court, dated February 21, 2019, as granted the plaintiffs' motion for summary judgment on the issue of liability.

The Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability. According to the evidence submitted by the plaintiffs, their vehicle was stopped at a red light in the left lane of traffic when the front left corner of the defendant's vehicle, which was traveling in the right lane of traffic, struck the right rear tire area of the plaintiffs' vehicle. This evidence was sufficient to establish a prima facie case of negligence on the part of the defendant (see Vehicle and Traffic Law § 1128[a] ; Grier–Key v. Lyons, 195 A.D.3d 798, 799, 145 N.Y.S.3d 819 ). In opposition, the defendant failed to raise a triable issue of fact. The defendant submitted, inter alia, his own affidavit and a photograph of the damage to the plaintiffs' vehicle, both of...