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Morgan v. Candia

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 21, 2010

JOHN A. MORGAN, PLAINTIFF-RESPONDENT,
v.
JUAN CRUZ CANDIA, ET AL., DEFENDANTS-APPELLANTS, SUPERIOR SALES & SERVICES, INC., DEFENDANTS.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 10, 2009, which, insofar as appealed from as limited by the brief, in an action for personal injuries arising out of a motor vehicle accident, denied defendants Juan Cruz Candia and American Secured Fencing Corp.'s motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of said defendants dismissing the complaint as against them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Catterson, Abdus-Salaam, JJ.

17020/05

The court properly accepted plaintiff's untimely papers in opposition to defendants' motion, as defendants did not suffer any prejudice (see Matter of Jordan v City of New York, 38 AD3d 336, 338 [2007]; Dinnocenzo v Jordache Enters., 213 AD2d 219 [1995]).

Viewing the evidence in the light most favorable to plaintiff, and allowing for the circumstance that he was unable to provide an explanation for the rear-collision accident, we find that plaintiff has not shown facts and conditions from which it may reasonably be inferred that defendants bore any fault for the accident (see Morales v Morales, 55 AD3d 306 [2008]; Somers v Condlin, 39 AD3d 289 [2007]; Black v Loomis, 236 AD2d 338 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100121

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