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Rodriguez v. Kashem

Case Dismissed As Plaintiff And Co-Defendant Had Settled Case

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The following numbered papers were used on this motion: Submitted by Defendant Abul Kashem: NYSCEF Doc No. 15: Notice of motion for summary judgment NYSCEF Doc No. 16: Susan L. Cicio affirmation in support NYSCEF Doc No. 17: Statement of material facts NYSCEF Doc No. 18: Exhibit A — Summons & complaint, answers NYSCEF Doc No. 19: Exhibit B — Abul Kashem affidavit NYSCEF Doc No. 20: Exhibit C — Certified police report NYSCEF Doc No. 21: Affidavit of service Other Documents: NYSCEF Doc No. 13: stipulation of discontinuance NYSCEF Doc No. 23: stipulation of discontinuance ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had,1 it is hereby ORDERED as follows: Background This is a motion by Defendant Abul Kashem (herein “Movant”) seeking summary judgment to dismiss Plaintiff’s complaint and all Defendants’ cross-claims in their entirety on the ground that there is no negligence on Movant’s part concerning the subject motor vehicle accident pursuant to CPLR 3212 (see NYSCEF Doc Nos. 15, notice of motion; 16, Cicio aff 2). This action arose out of a motor vehicle accident that took place on May 27, 2023, at Delmar Loop and Pennsylvania in Brooklyn. At the time of the accident, Movant allegedly was working as a Lyft driver and was the owner and operator of one of the vehicles at issue, while Plaintiff was a passenger in Movant’s vehicle. (See generally NYSCEF Doc No. 18, complaint.) While Movant’s vehicle was at a full stop at a red traffic light, it was hit in the rear by co-Defendant Curlina Hills (“co-Defendant”), operating another motor vehicle (see NYSCEF Doc No. 19, Kashem aff

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