TAVAREZ v. CASTILLO HERRASME

1393, 305639/13.

140 A.D.3d 453 (2016)

31 N.Y.S.3d 871

2016 NY Slip Op 04352

JEFFREY TAVAREZ, Respondent, v. FELIX MANUEL CASTILLO HERRASME et al., Appellants.

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

Decided June 7, 2016.


The evidence plaintiff submitted in support of his motion for summary judgment established his prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Plaintiff's affidavit stating that the rear door of defendants' vehicle "opened without warning" and struck the left side of his vehicle established that defendant driver violated Vehicle and Traffic Law § 1214, and that...

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