You are here: / / PLAINTIFF’S PARKED VEHICLE WAS STRUCK FROM BEHIND BY DEFENDANT; PLAINTIFF...
,

PLAINTIFF’S PARKED VEHICLE WAS STRUCK FROM BEHIND BY DEFENDANT; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON LIABILITY; THE FACT THAT PLAINTIFF MAY HAVE VIOLATED TRAFFIC RULES RE: PARKING SPEAKS TO COMPARATIVE NEGLIGENCE WHICH IS NOT RELEVANT TO LIABILITY (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment in this traffic accident case should have been granted. Plaintiff’s car was parked when it was struck from behind by defendant. The fact that plaintiff may have parked in a manner which violated the NYC traffic rules speaks only to plaintiff’s comparative negligence, which is not relevant at the summary judgment stage:

… [P]laintiff established her prima facie entitlement to judgment as a matter of law on the issue of liability through the submission of her affidavit, in which she averred that her vehicle was struck in the rear by the defendants’ vehicle while the plaintiff’s vehicle was parked on the shoulder of the roadway (see Vehicle and Traffic Law § 1129[a] …). In opposition to the plaintiff’s prima facie showing, the defendants failed to rebut the inference of negligence by providing a nonnegligent explanation for the collision … . The defendants’ contention that the plaintiff proximately caused the accident by violating 34 RCNY 4-07(b)(1) and 4-08(e)(1) [NYC Traffic Rules re: parking] speaks to her comparative negligence, which was not the subject of this motion and is insufficient to defeat the plaintiff’s prima facie entitlement to judgment as a matter of law on the issue of liability … . Whaley v Carvana N.Y. City, 2023 NY Slip Op 04794, Second Dept 9-27-23

Practice Point: Plaintiff’s parked car was struck from behind and defendant did not offer a nonnegligent explanation for the collision. Therefore plaintiff was entitled to summary judgment on liability. The fact that plaintiff may have violated parking rules speaks to comparative negligence and is not relevant to liability.

 

You might also like
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED IN DOG-BITE CASE.
HERE THE PURPORTED TRANSFER BY DEED OF AN INTEREST IN REAL PROPERTY TO A LIMITED LIABILTY COMPANY WAS NULL AND VOID FROM THE OUTSET BECAUSE THE LLC DID NOT EXIST WHEN THE DEED WAS EXECUTED; THEREFORE THE STATUTE OF LIMITATIONS FOR REFORMATION OF THE DEED NEVER STARTED RUNNING; PLAINTIFF WAS ENTITLED TO A DECLARATORY JUDGMENT THAT THE TRANSFER TO THE LLC WAS NULL AND VOID (SECOND DEPT).
WIFE NOT ENTITLED TO INTEREST ON A LATE LUMP SUM PAYMENT, HUSBAND NOT ENTITLED TO RECOUP OVERPAYMENT OF MAINTENANCE (SECOND DEPT).
MOTION TO SET ASIDE THE DAMAGES VERDICT IN THIS TRAFFIC ACCIDENT CASE AS INADEQUATE SHOULD HAVE BEEN GRANTED; NEW TRIAL ORDERED UNLESS DEFENDANT STIPULATES TO INCREASED AWARDS FOR PAST AND FUTURE PAIN AND SUFFERING (SECOND DEPT). ​
Delay In Seeking DNA Sample Contributed to Violation of Speedy Trial Statute—Indictment Dismissed
Plaintiff Who Fell From Scaffolding Which Did Not Have Safety Rails Entitled to Summary Judgment on His Labor Law 240(1) Cause of Action
PLAINTIFF FELL THROUGH PLANKING WHICH DID NOT ADEQUATELY PROTECT A SHAFT OPENING; THE FACT THAT PLAINTIFF’S FOREMAN INSTRUCTED PLAINTIFF NOT TO ENTER THE SHAFT SPEAKS TO COMPARATIVE NEGLIGENCE WHICH IS NOT A BAR TO SUMMARY JUDGMENT ON A LABOR LAW 240(1) CAUSE OF ACTION (SECOND DEPT).
PLAINTIFF PROPERLY OPTED TO SUE EMPLOYER FOR WORKPLACE INJURY, EMPLOYER DID NOT CARRY WORKERS’ COMPENSATION INSURANCE.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE REFEREE’S REPORT WAS BASED ON BUSINESS RECORDS WHICH WERE NOT PRODUCED... A FALL OF 2O TO 25 FEET FROM A RAMP USED TO TRANSPORT MATERIALS IS COVERED BY...