Vazquez v. Roldan
Cases that cite this one
5 later published cases cite this decision.
- Reeves v. Wilson (Appellate Division of the Supreme Court of New York 2023)
- Montalvo v. United Parcel Service, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Montalvo v. United Parcel Service, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Charles v. Bagels by Bell, Ltd. (Appellate Division of the Supreme Court of New York 2022)
- Cervera v. Moran (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff allegedly sustained personal injuries when the motor vehicle owned and operated by the defendant Miguel A. Jimenez, in which she was a passenger, was struck by a vehicle owned and operated by the defendant Esteban Perez Roldan. Following joinder of issue and the completion of discovery, Jimenez moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against him. The Supreme Court denied the motion. We reverse.
Jimenez established his prima facie entitlement to judgment as a matter of law by submitting admissible evidence demonstrating that his double-parked vehicle was not a proximate cause of the accident (see CPLR 3212; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Darmento v Pacific Molasses Co., 81 NY2d 985, 988 [1993]; Gerrity v Muthana, 7 NY3d 834 [2006]; Dauber v Stone, 76 AD3d 699 [2010]; Williams v City of New York, 240 AD2d 734 [1997]).
In opposition, no triable issue of fact was raised. Even assum
Accordingly, the Supreme Court erred in denying Jimenez’s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him. Mastro, J.P., Chambers, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.