Rivera v. Gardillo
Cases that cite this one
3 later published cases cite this decision.
- Clements v. Giatas (Appellate Division of the Supreme Court of New York 2019)
- D'Agostino v. YRC, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Lisetskiy v. Weiss (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 established his prima facie entitlement to judgment as a matter of law by submitting a transcript of his deposition testimony, wherein he stated that he had been at a complete stop when his vehicle was struck in the rear by a vehicle driven by the defendant Ivan O. Gardillo (see DeLouise v S.K.I. Wholesale Beer Corp., 75 AD3d 489 [2010]; Volpe v Limoncelli, 74 AD3d 795 [2010]; Staton v Ilic, 69 AD3d 606 [2010]; Lampkin v Chan, 68 AD3d 727 [2009]). However, in opposition to the motion, the defendants raised a triable issue of fact by preferring a nonnegligent explanation for the accident (see Briceno v Milbry, 16 AD3d 448 [2005]; Simpson v Eastman, 300 AD2d 647 [2002]; Artis v Jamaica Buses, 262 AD2d 511 [1999]). Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability. Skelos, J.P., Dillon, Dickerson and Austin, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.