The Appellate Division reversed the motion court and reinstated the complaint in this action where the defendant moved for summary judgment, contending that the plaintiff's violation of Vehicle and Traffic Law § 1141 was the sole proximate cause of the accident. In support of the motion, the defendant submitted the parties' deposition testimony. The defendant attested that she never saw the front of the plaintiff's vehicle, and that when she first saw the plaintiff's vehicle, which was "moving like a snail," she saw the middle part of the vehicle directly ahead of her. Viewing the evidence in the light most favorable to the non-movant plaintiff, the defendant failed to establish, prima facie, her freedom from comparative fault and that the plaintiff's alleged violation of the Vehicle and Traffic Law was the sole proximate cause of the accident.
Practice point: A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the accident.
Case: Aponte v. Vani, NY Slip Op 08252 (2d Dep't November 22, 2017)
Here is the decision.
