Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bennett v. Infante-Acosta

Defendants Failed to Give Non-Negligent Explanation for Rear-End Collision

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following numbered papers were read on this motion: NYSCEF Document Numbers 7-17. ORDER Upon the foregoing papers, and having heard oral argument and a decision having been rendered on the record in open court1, It is hereby ORDERED as follows: Plaintiff Clement Bennett seeks partial summary judgment on the issue of liability against Defendants Edward Infante-Acosta and Lux Credit Consultants, LLC. Plaintiff also seeks to strike affirmative defenses of comparative negligence, failure to wear a seatbelt, and emergency doctrine, and requests any other relief as deemed just and proper by the Court. At approximately 7:20 P.M. on February 25, 2023, Plaintiff was stopped at a red light on the Nassau Expressway in Lawrence, New York. Plaintiff was stopped for approximately 15 seconds when he was struck in the rear by Defendant Infante-Acosta who was operating a vehicle owned by Lux Credit Consultants. Plaintiff supports his motion for partial summary judgment by submitting photographs of the accident within his affidavit of personal knowledge (see NYSCEF Doc No. 12), a certified police report (see NYSCEF Doc No. 9), and an attorney affirmation (see NYSCEF Doc No. 8). Defendant does not dispute that there was a hit in the rear. Plaintiff argues that he was struck in the rear bumper on his driver’s side. After the impact, Defendant Infante-Acosta came to his vehicle and apologized for the accident, stating that he was trying to speed past another vehicle in an effort to change lanes at the time he struck Plaintiff’s vehicle. Plaintiff was wearing his seatbelt at the time of the collision and states that the weather was clear and dry. (See NYSCEF Doc No. 12

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements