Singh v Lopez
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Singh v Lopez 2016 NY Slip Op 32621(U) December 7, 2016 Supreme Court, Bronx County Docket Number: 23325/2015E Judge: Julia I. Rodriguez Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [* 1] FILED Dec 13 2016 Bronx County Clerk ~UP~'COURT {~NTY DEc OF THE CITY OF NEW YORK OF BRONX: Part IA 27 -------------------------------------------------------------------------)( JOANNA J. SINGH and LEAH P. SINGH, an infant by her Mother and Natural Guardian JOANNA J. SINGH, and JOANNA J. SINGH, Individually, Plaintiffs, -againstMA3CIMO LOPEZ, GEORGINA CEPIN, DUO COLONY FUEL OIL CO. and SALVATORE MELI, Defendants I J 201&. Index No. 23325/2015E DECISION and ORDER Present: Hon. Julia I. Rodriguez Supreme Court Justice ----------------------------------------------------------------------)( Recitation, as required by CPLR 2219 (a), of the papers considered in review of motion for summary judgment on liability by Defendants Lopez and Cepin: Papers Numbered Notice of Motion, Affirmation & Exhibits I Affirmation in Opposition by Plaintiffs Johanna Singh and Leah Singh & Exhibits 2 Reply Affirmation by Lopez & Cepin 3 This action arises out of a multiple vehicle accident on September 29, 2012, resulting in different actions bearing different index numbers which have been consolidated for a joint trial [Referred to as the STEWART/COLLINS matter [Index 300156/2013] and the CONCEPCION matter [Index 304561/2013.] Relevant to the instant motion, Defendants Maximo Lopez and Georgina Cepin move for summary judgment on liability on the ground that their vehicle was rear-ended by the vehicle operated by Mathew Concepcion [a defendant in Index 304561/2013] in which Cindy Concepcion was riding as a passenger [plaintiff in Index 304561/2013]. The Singh plaintiffs herein were passengers in movants' [Lopez & Cepin] vehicle. The rule is that a rear-end collision creates a presumption of negligence by the operator of the offending vehicle unless the driver of the offending vehicle provides a nonnegligent explanation for the collision. Profita v. Diaz, 100 A.D.3d 481, 954 N.Y.S.2d 40 1 (ls Dep't 2012); Berger v. New York City Housing Authority, 82 A.D.3d 531, 918 N.Y.S.2d 458 (1st Dep't 201 l); Agramonte v. City ofNew York, 288 A.D.2d 75, 732 N.Y.S.2d 414 (Pt Dep't 2001). Section 1129(a) of the Vehicle and Traffic Law requires that drivers "not [* 2] FILED Dec 13 2016 Bronx County Clerk follow another driver more closely than is reasonable and prudent" having due regard for the speed of the other vehicles and the traffic conditions then existing. At her deposition Defendant Georgina Cepin testified she was traveling in her lane of traffic and was hit in the rear by the Concepcion vehicle. Cepin testified she felt one impact in the rear and did not come in contact with the vehicle in front of her . .,.. At his deposition Defendant Mathew Concepcion testified that the front of his vehicle came into contact with the rear of the vehicle in front of him. Matthew Concepcion testified that before impact he was traveling about 50 m.p.h, he was about three car lengths behind Cepin's car when he saw Cepin's brake lights but was not able to stop before impact; he did not feel any other impact other than the one he had with the car in front of his vehicle. After consideration of the parties' submission, the court finds that Defendants Maximo Lopez and Georgina Cepin established entitlement to summary judgment on liability as a matter oflaw. The court further finds that Plaintiffs' opposition failed to raise an issue of fact precluding summary judgment in Lopez's and Cepin's favor. For the foregoing reasons, motion by Defendants Maximo Lopez and Georgina Cepin seeking summary judgment on the issue of liability is granted, and therefore it is ORDERED that the complaint is dismissed as to Defendants Maximo Lopez and Georgina Cepin and it is further ORDERED that all cross-claims and/or counter-claims are dismissed solely as to these defendants. Dated: December 7, 2016 Hon. Julia I. Rodriguez Supreme Court Justice 2
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