Plaintiff established prima facie that defendant was negligent by submitting his affidavit that defendant's vehicle rear-ended his vehicle as he slowed down or stopped to accommodate another vehicle that was merging in from his right, and defendant failed to provide a nonnegligent explanation for the collision. Plaintiff is not required to establish absence of comparative negligence on his part to be entitled to summary judgment on liability. Plaintiff's motion is not premature, as defendant did not demonstrate that facts essential to opposing the motion are exclusively within the knowledge and control of plaintiff, or explain what evidence could be uncovered in discovery that would augment his defenses on liability.
Vasquez v. Strickland, NY Slip Op 06876 (1st Dep't December 1, 2022)
