Diaz v. Jhedrian Logistics Corp.

Summary

The Appellate Division, Second Department, reversed an order denying Jose Arce's motion for summary judgment in a personal-injury action arising from a motor vehicle accident. The court held that Arce established prima facie that he was not at fault and that the plaintiffs failed to raise a triable issue of fact or show that the motion was premature.

Holdings

1. A defendant moving for summary judgment in a negligence action must establish prima facie that he or she was not at fault in the accident. Arce met that burden by submitting an affidavit demonstrating that he was not at fault.
2. The plaintiffs failed to raise a triable issue of fact and failed to demonstrate that the motion was premature.

Questions Presented

1. Whether Arce established prima facie entitlement to summary judgment by demonstrating that he was not at fault in the motor vehicle accident.
2. Whether the plaintiffs raised a triable issue of fact or demonstrated that Arce's motion was premature.

Disposition

reversed