| Velasquez v Miranda |
| 2022 NY Slip Op 04230 [206 AD3d 598] |
| June 30, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Julio C. Velasquez, Respondent, v Andres S. Miranda, Appellant, et al., Defendants. |
Law Offices of Jennifer S. Adams, Yonkers (Jeffrey A. Domoto of counsel), for appellant.
Order, Supreme Court, Bronx County (Bianka Perez, J.), entered on or about August 30, 2021, which denied defendant Andres S. Miranda's motion for summary judgment dismissing the complaint and all cross claims against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Miranda demonstrated entitlement to summary judgment, because there was no dispute as to the number, sequence, and consequences of the collisions (see Liburd v Lulgjuraj, 156 AD3d 532 [1st Dept 2017]; Passos v MTA Bus Co., 129 AD3d 481, 482 [1st Dept 2015]). Plaintiff, the driver of the first vehicle, defendant Munoz, the driver of the middle car, and Miranda, the driver of the rear vehicle, all testified that the collision between plaintiff's car and Munoz's box truck preceded the collision between Miranda's car and Munoz's truck. Plaintiff stated that there was a single impact to his vehicle and Munoz testified that his box truck was stationary when it was hit in the rear by Miranda's car and that it was not pushed forward into plaintiff's vehicle. Thus, Miranda's car had no role in plaintiff's damages. Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.