Maynard v Vandyke

Maynard v Vandyke 2010 NY Slip Op 00556 [69 AD3d 515] January 26, 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

Chonda Maynard, Appellant,
v
Patti Vandyke, Respondent.

—[*1] The Sullivan Law Firm, New York (Timothy M. Sullivan of counsel), for appellant.

Law Offices of Thomas K. Moore, White Plains (Howard T. Code of counsel), for respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered September 1, 2009, which denied plaintiff's motion for summary judgment on the issue of liability, with leave to renew upon completion of depositions, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's vehicle, while stopped at a traffic light, was struck in the rear by defendant's vehicle. In opposition to plaintiff's motion for summary judgment, defendant failed to raise a question of fact as to whether there was a nonnegligent reason for the collision (see Mullen v Rigor, 8 AD3d 104 [2004]). Since defendant herself would be the party with knowledge of any such nonnegligent reasons, it does not avail her that her counsel had not yet received plaintiff's bill of particulars setting forth his claims in detail (Soto-Maroquin v Mellet, 63 AD3d 449 [2009]). Concur—Tom, J.P., Saxe, Nardelli, Renwick and Freedman, JJ.