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Bennett v. Infante-Acosta

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

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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

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