Defendant Vargas appeals from an order of the Civil Court, Bronx County (Sharon A.M. Aarons, J.), entered November 24, 2004, which denied his motion for summary judgment dismissing the complaint and all cross-claims against him.

PER CURIAM:

Order (Sharon A.M. Aarons, J.), entered November 24, 2004, reversed, without costs, motion granted and the complaint is dismissed as against defendant Vargas. The Clerk is directed to enter judgment accordingly.

Defendant Vargas established that his vehicle, while bearing a license plate possibly matching the plate of the hit-and-run vehicle, was a large van. The demonstrated fact that defendant's vehicle was a large van is of exculpatory significance for him since both plaintiffs testified at deposition that the other vehicle involved in the accident was a smaller passenger car. The license plate number of the offending vehicle was purportedly written down by a non-party passenger in the vehicle with plaintiffs. This hearsay evidence was an improper and inadequate basis to deny summary judgment. Accordingly, defendant's unopposed motion for summary judgment should have been granted (see Narvaez v. NYRAC, 290 AD2d 400 [2002]).

This constitutes the decision and order of the court.
Decision Date: November 21, 2006