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White v. Morales

Testimony Insufficient to Raise Fact Issues on Liability; Matter To Go to Trial on Damages

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion:Papers NumberedNotice of Motion/Cross Motion andAffidavits (Affirmations) Annexed       1/2Opposing Affidavits (Affirmations)     3,Reply Affidavits (Affirmations)            4,DECISION AND ORDER

*1 Upon the foregoing papers, and after oral argument, the Court finds as follows:This lawsuit arises out of a motor vehicle accident that occurred on July 1, 2016. On that day, Plaintiff Vicky Baxter (hereinafter “the Plaintiff”) alleges in her Complaint that she suffered personal injuries after the vehicle in which she was a passenger was engaged in a collision with a vehicle operated by Defendant Arturo Morales and owned by Defendant NR Wood Design. Specifically, it is alleged that she was a passenger in a vehicle stopped at a stop sign on Utica Avenue at or near its intersection with Eastern Parkway in the County of Kings, in the State of New York and that the vehicle that she was a passenger in was allegedly struck in the rear by the Defendant vehicle.The Plaintiff now moves for an order pursuant to CPLR §3212 granting summary judgment on the issue of liability, and proceeding to trial on the issue of damages. The Plaintiff argues that the Defendants are solely liable for the incident since Defendant Morales allegedly struck the Plaintiffs vehicle in the rear while it was stopped. Specifically, the Plaintiff argues that the Defendant driver

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