Williams v. Spencer-Hall
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Binkowitz v. Kolb (Appellate Division of the Supreme Court of New York 2016)
- Comas-Bourne v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Pierre v. Demoura (Appellate Division of the Supreme Court of New York 2017)
- Singh v. Avis Rent a Car System, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Gallo v. Jairath (Appellate Division of the Supreme Court of New York 2014)
- Le Grand v. Silberstein (Appellate Division of the Supreme Court of New York 2014)
- Burlington Insurance v. Casur Corp. (Appellate Division of the Supreme Court of New York 2014)
- Yar v. Singh (New York Supreme Court, Kings County 2024)
- Yar v. Singh (New York Supreme Court, Kings County 2024)
- Gil v. Manhattan Beer Distribs., LLC (Appellate Division of the Supreme Court of New York 2022)
- Nicola v. Nicolas (Appellate Division of the Supreme Court of New York 2022)
- Dalrymple v. Morocho (Appellate Division of the Supreme Court of New York 2022)
- Sapienza v. Harrison (Appellate Division of the Supreme Court of New York 2021)
- Everhome Mtge. Co. v. Aber (Appellate Division of the Supreme Court of New York 2021)
- Race v. Village of Brewster (Appellate Division of the Supreme Court of New York 2020)
- Noel v. Nationwide Ins. Co. of Am. (Appellate Division of the Supreme Court of New York 2019)
- Kerolle v. Nicholson (Appellate Division of the Supreme Court of New York 2019)
- Yu Mei Liu v. Weihong Liu (Appellate Division of the Supreme Court of New York 2018)
- Tsyganash v. Auto Mall Fleet Mgt., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Portalatin v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Colantonio v. Mercy Medical Center (Appellate Division of the Supreme Court of New York 2016)
- McLaughlin v. Lunn (Appellate Division of the Supreme Court of New York 2016)
- Vikram Construction, Inc. v. Everest National Insurance (Appellate Division of the Supreme Court of New York 2016)
- Pabarroo v. TS 405 Lexington Owner, LLC (Appellate Division of the Supreme Court of New York 2016)
- Mew Equity, LLC v. Sutton Land Services, LLC (Appellate Division of the Supreme Court of New York 2016)
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
When the driver of an automobile approaches another automobile from the rear, he or she is bound to maintain a reasonably safe rate of speed and control over his or her vehicle,
Here, the plaintiff demonstrated her prima facie entitlement to judgment as a matter of law against the defendant Institute for Community Living (hereinafter ICL) and the operator of its vehicle by submitting, inter alia, her own affidavit regarding the circumstances of the accident, including the fact that the vehicle in which she was a passenger, which was driven by the defendant E Spencer-Hall, was stopped when it was struck in the rear by a vehicle owned by ICL (see Nsiah-Ababio v Hunter, 78 AD3d 672 [2010]). In opposition to this prima facie showing, ICL and the operator of its vehicle failed to raise a triable issue of fact.
ICL’s contention that the motion should have been denied as premature pursuant to CPLR 3212 (f) is unpersuasive. A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant (see CPLR 3212 [f]; Boorstein v 1261 48th St. Condominium, 96 AD3d 703 [2012]; Dietrich v Grandsire, 83 AD3d 994 [2011]; Trombetta v Cathone, 59 AD3d 526 [2009]). “The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion” (Lopez v
Therefore, the Supreme Court should have granted the plaintiffs motion for summary judgment on the issue of the liability of ICL and the operator of ICL’s vehicle. Mastro, J.P., Cohen, Miller and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.