Quintanilla v. Mark

• Decision Date: 02 November 2022
• Docket Number: 2021–04464,Index No. 724287/20
• Citation: 210 A.D.3d 713,177 N.Y.S.3d 687
• Parties: William QUINTANILLA, et al., appellants, v. Jonathan MARK, respondent.
• Court: New York Supreme Court — Appellate Division

210 A.D.3d 713

177 N.Y.S.3d 687

William QUINTANILLA, et al., appellants,

v.Jonathan MARK, respondent.

2021–04464

Index No. 724287/20

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

Argued—October 4, 2022

November 2, 2022

Subin Associates, LLP (Robert J. Eisen and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac ], of counsel), for appellants.

Michael Ferro, Westbury, NY (Susan J. Mitola of counsel), for respondent.

MARK C. DILLON, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LARA J. GENOVESI, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Lourdes M. Ventura, J.), dated June 10, 2021. The order denied the plaintiffs’ motion for summary judgment on the issue of liability and dismissing the defendant's affirmative defense alleging comparative negligence, with leave to renew upon the completion of discovery.

ORDERED that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the issue of liability and dismissing the defendant's affirmative defense alleging comparative negligence is granted.

On February 15, 2020, a vehicle operated by the plaintiff William Quintanilla (hereinafter William), in which the plaintiff Fiordaliza Quintanilla was a passenger, allegedly was struck in the rear by a vehicle operated by the defendant. The accident occurred in the left westbound lane of the Staten Island Expressway. In December 2020, the plaintiffs commenced this action against the defendant to recover damages for personal injuries. In his answer, the defendant asserted, inter alia, an affirmative defense alleging comparative negligence. Thereafter, the plaintiffs moved for summary judgment on the issue of liability and dismissing the affirmative defense alleging comparative negligence. In an order dated June 10, 2021, the Supreme Court denied the plaintiffs’ motion with leave to renew upon the completion of discovery. The plaintiffs appeal.

" ‘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’ " ( Newfeld v. Midwood Ambulance & Oxygen Serv., Inc., 204 A.D.3d 813, 814, 164 N.Y.S.3d 497, quoting 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] rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision" ( Thompson v. New York City Tr. Auth., 208 A.D.3d 815, 817, 175 N.Y.S.3d 66 ). "Although a sudden stop of the lead vehicle may constitute a nonnegligent explanation for a rear-end collision, vehicle stops which are foreseeable under the prevailing traffic conditions, even if sudden and frequent, ‘must be anticipated by the driver who follows, since he or she is under a duty to maintain a safe distance between his or her vehicle and the vehicle ahead’ " ( Grier–Key v. Lyons, 195 A.D.3d 798, 799, 145 N.Y.S.3d 819, quoting Arslan v. Costello, 164 A.D.3d 1408, 1409–1410, 84 N.Y.S.3d 229 ).

Here, the plaintiffs established their prima facie entitlement to judgment as a matter of law on the issue of liability through the submission of William's affidavit, in which he averred that his vehicle was stopped due to traffic when it was struck in the rear (see Sooklall v. Morisseav–Lafague, 185 A.D.3d 1079, 1081, 128 N.Y.S.3d 266 ; Lopez v. Dobbins 164 A.D.3d 776, 777, 79 N.Y.S.3d 566 ). The plaintiffs also established their prima facie entitlement to judgment as a matter of law dismissing the defendant's affirmative defense alleging comparative negligence by demonstrating that William was not at fault in the happening of the accident (see Newfeld v. Midwood Ambulance & Oxygen Serv., Inc., 204 A.D.3d at 813–814, 164 N.Y.S.3d 497 ; Lopez v. Dobbins, 164 A.D.3d at 777, 79 N.Y.S.3d 566 ). In opposition to the plaintiffs’ prima facie showings, the defendant failed to raise a triable issue of fact. Contrary to the defendant's contention, his claim that he did not see brake lights on the plaintiffs’...