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Maynard v. Vandyke

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 26, 2010

CHONDA MAYNARD, PLAINTIFF-APPELLANT,
v.
PATTI VANDYKE, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered September 1, 2009, which denied plaintiff's motion for summary judgment on the issue of liability, with leave to renew upon completion of depositions, unanimously reversed, on the law, without costs, and the motion granted.

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.

Tom, J.P., Saxe, Nardelli, Renwick, Freedman, JJ.

304120/09

Plaintiff's vehicle, while stopped at a traffic light, was struck in the rear by defendant's vehicle. In opposition to plaintiff's motion for summary judgment, defendant failed to raise a question of fact as to whether there was a nonnegligent reason for the collision (see Mullen v Rigor, 8 AD3d 104 [2004]). Since defendant herself would be the party with knowledge of any such nonnegligent reasons, it does not avail her that her counsel had not yet received plaintiff's bill of particulars setting forth his claims in detail (Soto-Maroquin v Mellet, 63 AD3d 449 [2009]).

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

20100126

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