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PEREZ v. STECKLER

5366, 307323/13.

157 A.D.3d 445 (2018)

66 N.Y.S.3d 137

2018 NY Slip Op 00071

CARLOS PEREZ, Appellant, v. VICTOR STECKLER, Respondent.

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

Decided January 4, 2018.

Defendant established his prima facie entitlement to judgment as a matter of law by his testimony that as he was driving next to plaintiff's parked vehicle, plaintiff suddenly opened his driver's side door, in violation of Vehicle and Traffic Law § 1214, causing defendant to strike the door, and defendant was unable to avoid the accident (see Tavarez v Castillo Herrasme, 140 A.D.3d 453, 453 [1st Dept 2016]).

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