Ayele v Valentine

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Ayele v Valentine 2019 NY Slip Op 35052(U) November 7, 2019 Supreme Court, Bronx County Docket Number: Index No. 27934/2018E Judge: John R. Higgitt Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 27934/2018E FILED: BRONX COUNTY CLERK 11/12/2019 02:18 PM NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: I.A.S. PART 14 ----------------------------------------------------------------------X NEBI G. AYELE Plaintiff, - against - DECISJO Index AND ORDER o. 27934/2018£ ANDY A. VALENTINE ANGEL OJEDA and CT LIMO LLC. , Defendant . ----------------------------------------------------------------------X John R. Higgitt J. Upon defendant Valentine's September 11 , 2019 notice of motion and the affinnation, affidavit and exhibits submitted in support thereof- there being no opposition to the motion· and due deliberation; defendant Valentine' s motion for summary judgment dismissing the complaint_ , as against him and all cross claims against him is granted . This is a negligence action to recover damages fo r personal injuries that plaintiff aJlegedly _ sustained in a motor vehicle accident that took place on overnber 15, 2017. Defendant Valentine seeks summary judgment dismissing the complaint a against him and the cro s claims against him on the ground that he is not liable for the accident. In suppo11 of his motion , defendant Valentine submits the pleadings, his affidavit and plaintiff's affida it. Defendant Valentine averred that at the time of the accident he was traveling southbound on the 1-678 Van Wyck Expressway. Defendant Valentine al averred that he had to come to a stop because of heavy traffic when the vehicle operated by defendant Ojeda and owned by defendant CT Limo LLC ("the Ojeda detendants' ) struck the rear of th defendant Valentines vehicle. [* 1] 2 of 4 INDEX NO. 27934/2018E FILED: BRONX COUNTY CLERK 11/12/2019 02:18 PM NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/12/2019 Plaintiff averred that at the time of the accident she was a passenger in defendant Valentine' s vehicle, which was stopped due to traffic ahead of it when the Ojeda defendants' vehicle struck the rear of defendant Valentine' s vehicle. A rear-end collision with a stationary vehicle creates a prima facie case of negli gence requiring judgment in favor of the stationary vehicle unless defendant proffers a non-negligent explanation for the failure to maintain a safe distance .. . A driver is expected to drive at a sufficiently safe speed and to maintain enough distance between himself [or herse lfl and cars ahead of him [or her] so a to a oid collisions with stopped vehicles, taking into account weather and road conditions" (LaMasa v Bachman 56 AD3d 340, 340 [ I st Dept 2008]). rear-end collision establishes a prima facie case of negligence against the rearmost driver in a chain confronted ith a stopped or stopping vehicle (see Cabrera, Rodriguez 72 AD3d 553 [1st Dept 201 O]) and a presumption of non-negligence of the driver of the lead vehicle in a rear-end collision (see Soto-Maroquin v Melle£ 63 AD3d 449 [1 st Dept 2009]). Defendant Valentine made a prima facie showing that he was not liable for the accident his vehicle was truck in the rear by the Ojeda defendant · ehicle. The non-mo ing parties did not oppose defendant Valentine's motion and thus failed to raise a triable issue of fact in opposition to defendant Valentine's prima facie showing. The court notes that Justice Simpson granted ummary judgment to plaintiff on the i of defendants Ojeda and Ct Limo LLC ' s liability (see NYSCEF doc. no . 29) Accordingly it is ORDERED, that defendant Valentine· motion for summary judgment dismissing the complaint as against him and all cross claims against him is granted· and it is further [* 2] 2 3 of 4 as INDEX NO. 27934/2018E FILED: BRONX COUNTY CLERK 11/12/2019 02:18 PM NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/12/2019 ORDERED, that the Clerk of the Court shall enter judgment in favor of defendant Valentine dismissing the complaint as against him and all cross claims against him. The parties are reminded of the January 17, 2020 compliance conference before the undersigned. This constitutes the decision and order of the court. Dated: November 7, 2019 3 [* 3] 4 of 4

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