AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

TATIANA ESPINOZA, APPELLANT, v. OSCAR DIAZ, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

This action arises from a three-car collision in which a car driven by the defendant Tydell Gresham hit the rear of a car driven by the defendant Oscar Diaz and owned by the defendant Martha Rodriguez, and in which the plaintiff was a passenger. The vehicle driven by Diaz struck the vehicle driven by the defendant Steven Schwartz in the rear.

The defendants Schwartz, Diaz, and Rodriguez moved for summary judgment, presenting a prima facie case sufficient to establish that Diaz and Schwartz came to a complete stop, without contact, and that the vehicle operated by the defendant Gresham hit the Diaz vehicle. The plaintiff's testimony at her examination before trial that the Schwartz vehicle suddenly stopped in traffic was insufficient to raise a triable issue of fact. Therefore, the Supreme Court properly granted summary judgment to the defendants Schwartz, Diaz, and Rodriguez inasmuch as the evidence fails to show that they acted negligently (see, Bando-Twomey v. Richheimer, 229 A.D.2d 554; Barile v. Lazzarini, 222 A.D.2d 635).

Use AI to get other relevant cases.

Comments

ESPINOZA v. DIAZ
(Feb 26, 2001)