Morgan v Candia

Morgan v Candia 2010 NY Slip Op 00398 [69 AD3d 500] January 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

John A. Morgan, Respondent,
v
Juan Cruz Candia et al., Appellants, et al., Defendants.

—[*1] O'Connor Redd LLP, White Plains (Amy L. Fenno of counsel), for appellants. Wingate, Russotti & Shapiro LLP, New York (William P. Hepner of counsel), for respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 10, 2009, which, insofar as appealed from as limited by the brief, in an action for personal injuries arising out of a motor vehicle accident, denied defendants Juan Cruz Candia and American Secured Fencing Corp.'s motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of said defendants dismissing the complaint as against them.

The court properly accepted plaintiff's untimely papers in opposition to defendants' motion, as defendants did not suffer any prejudice (see Matter of Jordan v City of New York, 38 AD3d 336, 338 [2007]; Dinnocenzo v Jordache Enters., 213 AD2d 219 [1995]).

Viewing the evidence in the light most favorable to plaintiff, and allowing for the circumstance that he was unable to provide an explanation for the rear-collision accident, we find that plaintiff has not shown facts and conditions from which it may reasonably be inferred that defendants bore any fault for the accident (see Morales v Morales, 55 AD3d 306 [2008]; Somers v Condlin, 39 AD3d 289 [2007]; Black v Loomis, 236 AD2d 338 [1997]). Concur—Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.