Peralta v Martin

[*1] Peralta v Martin 2010 NY Slip Op 50229(U) [26 Misc 3d 138(A)] Decided on February 17, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570737/09.

Victor Peralta, Plaintiff-Appellant,

against

Charles Martin and Ali Graham, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered February 25, 2009, which denied his motion for partial summary judgment on the issue of liability.

Per Curiam.

Order (Raul Cruz, J.), entered February 25, 2009, affirmed, with $10 costs.

Plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). Plaintiff's evidence, consisting of a conclusory affidavit that provided essentially no details regarding the subject motor vehicle accident, coupled with the responding police officer's notations regarding the location of the damage to the respective vehicles based upon his post-accident observations, did not eliminate all material issues of fact as to how the accident occurred and whether plaintiff acted with reasonable care (see Goldenberg v Palewicz, 65 AD3d 518 [2009]). Therefore, plaintiff's motion was properly denied without regard to the sufficiency of defendant's opposing papers (see Franco v Rizzo, 61 AD3d 818 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: February 17, 2010