Montalvo v. Cedeno

• Decision Date: 27 March 2019
• Docket Number: 2017–03586,Index No. 507430/16
• Parties: Luis G. MONTALVO, Respondent, v. Gianni CEDENO, et al., Appellants.
• Court: New York Supreme Court — Appellate Division

170 A.D.3d 1166
96 N.Y.S.3d 638

Luis G. MONTALVO, Respondent,
v.
Gianni CEDENO, et al., Appellants.

2017–03586
Index No. 507430/16

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

Argued—December 10, 2018
March 27, 2019

Nicolini, Paradise, Ferretti & Sabella, PLLC, Mineola, N.Y. (Alyssa L. Garone of counsel), for appellants.

Omrani & Taub, P.C., New York, N.Y. (James L. Forde of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

170 A.D.3d 1166

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

The plaintiff allegedly was injured when his vehicle was struck in the rear by the defendants' vehicle at or near a T-intersection. The plaintiff thereafter commenced this action against the defendants to recover damages for personal injuries. After joinder of issue, but before any discovery was conducted, the plaintiff moved for summary judgment on the

170 A.D.3d 1167

issue of liability. The defendants opposed the motion. The Supreme Court granted the plaintiff's motion, and the defendants appeal.

A plaintiff in a negligence action moving for summary judgment on the issue of liability must establish, prima facie, that the defendants breached a duty owed to the plaintiff and that the defendants' negligence was a proximate cause of the alleged injuries (see Rodriguez v. City of New York , 31 N.Y.3d 312, 76 N.Y.S.3d 898, 101 N.E.3d 366 ; Tsyganash v. Auto Mall Fleet Mgt., Inc. , 163 A.D.3d 1033, 1033–1034, 83 N.Y.S.3d 74 ). "A driver of a vehicle approaching another vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with the other vehicle" (

96 N.Y.S.3d 640

Nsiah–Ababio v. Hunter , 78 A.D.3d 672, 672, 913 N.Y.S.2d 659 ; see Vehicle and Traffic Law § 1129[a] ). Thus, a...