MATOS v. TAI

2014-03309, Index No. 18081/12.

124 A.D.3d 848 (2015)

998 N.Y.S.2d 905

ANGEL L. MATOS, Appellant, v. KUI F. TAI et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 28, 2015.


Ordered that the order is affirmed, with costs.

The plaintiff alleged that on December 6, 2011, as he was lawfully walking across Onderdonk Avenue at its intersection with Flushing Avenue in Ridgewood, he was struck by the defendants' vehicle.

In a personal injury action, to prevail on a motion for summary judgment on the issue of liability, a plaintiff has the burden of establishing, prima facie, not only that the defendant was negligent, but also that the...

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