Hernandez v Five J's Auto. Ltd.
2020 NY Slip Op 07276 [189 AD3d 434]
December 3, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 3, 2021


[*1]
 Sandra Hernandez, Appellant,
v
Five J's Automotive Ltd. et al., Respondents.

Cellino & Barnes, P.C., New York (Jordan S. Finkelstein of counsel), for appellant.

Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.

Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered June 7, 2019, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment as to liability, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff submitted an affidavit in which she stated that she was sitting in the driver's seat of her car while it was legally parked when a "black jeep that was being towed rolled off the tow truck and on top of the rear of [her] vehicle." Defendants did not attempt to offer any nonnegligent explanation as to how the accident occurred in opposition to plaintiff's motion, and thus, they failed to raise an issue of fact.

We have considered the parties' remaining arguments and find them unavailing. Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.