At page 852 Determining prematurity of summary judgment motion46 citing cases“a party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant”
- Romano v. Welsbach Elec. Corp., 246 A.D.3d 843 (N.Y. App. Div. 2d Dep't 2026).published"The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion" ( Cajas-Romero v Ward , 106 AD3d 850, 852 [internal quotation…
- Kuhbach v. Mordas, 242 A.D.3d 1076 (N.Y. App. Div. 2d Dep't 2025).published"A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge an…
- Charles v. City of New York, 242 A.D.3d 692 (N.Y. App. Div. 2d Dep't 2025).published"A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge an…
- Yar v. Singh, 2024 NY Slip Op 51474(U) (N.Y. Sup. Kings 2024).unpublished "To prevail on a motion for summary judgment on the issue of liability, a plaintiff must establish, prima facie, not only that the opposing party was negligent, but also that the plaintiff was free from comparative fault" ( Phillip v D&D C…
- Friedlander v. Jack's Holdings Inc., 203 A.D.3d 573 (N.Y. App. Div. 1st Dep't 2022).publishedGiven the clear terms of the contract and the undisputed date of the loan closing, defendants failed to show that "discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within…
- Toltchelnikova v. Cmty. Recycling, LLC, 197 A.D.3d 677 (N.Y. App. Div. 2d Dep't 2021).published"The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion" ( Cajas-Romero v Ward , 106 AD3d 850, 852 [internal quotation…
- Ramlochan v. Hobbs, 72 Misc. 3d 10 (N.Y. App. Term. 2021).publishedRealty Corp. , 114 AD3d 674 [2014]; Cajas-Romero v Ward , 106 AD3d 850, 852 [2013]).
- Bacchus v. Bronx Lebanon Hosp. Ctr., 192 A.D.3d 553 (N.Y. App. Div. 1st Dep't 2021).publishedPlaintiffs failed to support their contention that defendants' motion was premature by showing that discovery might lead to relevant evidence or that the facts essential to justify their opposition to the motion were exclusively within def…
- Arena v. City of New York, 192 A.D.3d 737 (N.Y. App. Div. 2d Dep't 2021).published"The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the [*2]motion" ( Cajas-Romero v Ward , 106 AD3d 850, 852 [internal quotat…
- U.S. Bank N.A. v. Wiener, 171 A.D.3d 1241 (N.Y. App. Div. 2d Dep't 2019).published"The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion" ( Cajas-Romero v Ward , 106 AD3d 850, 852 [internal quotation…
Show 31 more citing cases
- Salameh v. Yarkovski, 156 A.D.3d 659 (N.Y. App. Div. 2d Dep't 2017).publishedCorp., 153 AD3d 1308, 1310 [2017] [internal quotation marks omitted]; see Rungoo v Leary, 110 AD3d 781, 783 [2013]; Cajas-Romero v Ward, 106 AD3d 850, 852 [2013]).
- VNB New York, LLC v. Y.M. Intercontinental Gem Corp., 154 A.D.3d 903 (N.Y. App. Div. 2d Dep't 2017).published“A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge an…
- HSBC Bank USA ex rel. Deutsche Alt-A Sec. Mortg. Loan Trust Series 2006-AR5 v. Armijos, 151 A.D.3d 943 (N.Y. App. Div. 2d Dep't 2017).published“The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion” (Cajas-Romero v Ward, 106 AD3d 850, 852 [2013] [internal quota…
- Unified Window Sys., Inc. v. Endurance Am. Specialty Ins. Co., 149 A.D.3d 1009 (N.Y. App. Div. 2d Dep't 2017).publishedCo. v Clennon, 113 AD3d 596 , 597 [2014], quoting Cajas-Romero v Ward, 106 AD3d 850, 852 [2013]; see CPLR 3212 [f]).
- Comas-Bourne v. City of New York, 146 A.D.3d 855 (N.Y. App. Div. 2d Dep't 2017).publishedHere, in support of her motion, the plaintiff submitted evidence sufficient to establish, prima facie, that she was not negligent in the happening of the accident, and that Neal’s negligent operation of his vehicle was the sole proximate c…
- Reale v. Tsoukas, 146 A.D.3d 833 (N.Y. App. Div. 2d Dep't 2017).publishedThe “mere hope or speculation that evidence sufficient to defeat a motion for summary judgment *836 may be uncovered during the discovery process is insufficient to deny the motion” (Cajas-Romero v Ward, 106 AD3d 850, 852 [2013] [internal…
- Morales v. Amar, 145 A.D.3d 1000 (N.Y. App. Div. 2d Dep't 2016).publishedA party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledg…
- Waide v. ARI Fleet, LT, 143 A.D.3d 975 (N.Y. App. Div. 2d Dep't 2016).publishedEven accepting Okodiko’s version as true, his testimony demonstrated that his failure to maintain a reasonably safe distance between the plaintiff’s vehicle and his own vehicle was the sole proximate cause of the accident (see Cajas-Romero…
- CitiMortgage, Inc. v. Guillermo, 143 A.D.3d 852 (N.Y. App. Div. 2d Dep't 2016).published“A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowled…
- Joon Mgmt. One Corp. v. Town of Ramapo, 142 A.D.3d 587 (N.Y. App. Div. 2d Dep't 2016).publishedThe plaintiffs contention that the Town’s motion for summary judgment was premature is without merit, as it failed to demonstrate how discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion…
- Theo v. Vasquez, 136 A.D.3d 795 (N.Y. App. Div. 2d Dep't 2016).publishedHere, Dominique and Adrien established their prima facie entitlement to judgment as a matter of law by submitting the deposition testimony of the parties, which demonstrated that the Dominique vehicle was slowing down for traffic in front…
- Staskiv v. Shlayan, 132 A.D.3d 971 (N.Y. App. Div. 2d Dep't 2015).published“The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion” (Lopez v WS Distrib., Inc., 34 AD3d 759, 760 [2006]; see Singh…
- Richards v. Burch, 132 A.D.3d 752 (N.Y. App. Div. 2d Dep't 2015).publishedA party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts necessary to oppose the motion are exclusively within the knowledge and control of…
- Bonilla v. Bangert's Flowers, 132 A.D.3d 618 (N.Y. App. Div. 2d Dep't 2015).published“A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge an…
- Marcel v. Sanders, 123 A.D.3d 1097 (N.Y. App. Div. 2d Dep't 2014).publishedFurthermore, contrary to the defendants’ contentions, the plaintiffs motion was not premature, as the defendants failed to offer an evidentiary basis to suggest that further discovery may lead to relevant evidence or that facts essential t…
- Buto v. Town of Smithtown, 121 A.D.3d 829 (N.Y. App. Div. 2d Dep't 2014).published“A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowled…
- 1375 Equities Corp. v. Buildgreen Solutions, LLC, 120 A.D.3d 783 (N.Y. App. Div. 2d Dep't 2014).published“A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge an…
- Interboro Ins. v. Clennon, 113 A.D.3d 596 (N.Y. App. Div. 2d Dep't 2014).published “A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or [that] the facts essential to justify opposition to the motion were exclusively within the knowl…
- Suero-Sosa v. Cardona, 112 A.D.3d 706 (N.Y. App. Div. 2d Dep't 2013).published Pursuant to CPLR 3212 (f), the court may deny a motion for summary judg ment if “it appear[s] from affidavits submitted in opposition to the motion that facts essential to justify opposition may exist but cannot then be stated.” It is incu…
- Rungoo v. Leary, 110 A.D.3d 781 (N.Y. App. Div. 2d Dep't 2013).published To establish his prima facie entitlement to judgment as a matter of law on his motion for summary judgment, the burden was on Leary to demonstrate that he was not at fault in the happening of the accident (see Moore v Singh, 108 AD3d 602 […
- Castro v. Rodriguez, 176 A.D.3d 1031 (N.Y. App. Div. 2d Dep't 2019).published
- Cascio v. YRC, Inc., 183 A.D.3d 864 (N.Y. App. Div. 2d Dep't 2020).published
- 211-12 N. Blvd. Corp. v. LIC Contr., Inc., 186 A.D.3d 69 (N.Y. App. Div. 2d Dep't 2020).published
- Kagan v. Ameriprise Fin. Servs., Inc., 191 A.D.3d 654 (N.Y. App. Div. 2d Dep't 2021).published
- Tarasiuk v. Levoritz, 216 A.D.3d 1031 (N.Y. App. Div. 2d Dep't 2023).published
- Knowles v. 21-43 27th St., LLC, 224 A.D.3d 737 (N.Y. App. Div. 2d Dep't 2024).published
- Sarceno v. Manhattan View, LLC, 230 A.D.3d 1176 (N.Y. App. Div. 2d Dep't 2024).published
- Rosenblum v. City of New York, 230 A.D.3d 1175 (N.Y. App. Div. 2d Dep't 2024).published
- Cui Lan Mai v. Jets Towing, Inc., 246 A.D.3d 868 (N.Y. App. Div. 2d Dep't 2026).published
- DiMiceli v. Credit Shelter Trust, 248 A.D.3d 1089 (N.Y. App. Div. 2d Dep't 2026).published
- SMG Auto. Holdings, LLC v. Brooklyn Store, LLC, 2026 NY Slip Op 05435 (N.Y. App. Div. 2d Dep't 2026).published
At page 851 Duty of drivers to maintain reasonable care to avoid accidents12 citing casesIn an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (McDonald, J.), dated October…
- Pilgrim v. Vishwanathan, 151 A.D.3d 769 (N.Y. App. Div. 2d Dep't 2017).publishedA rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, requiring that operator to come forward with evidence of a nonnegligent explanation for t…
- Lutz v. Defabio, 140 A.D.3d 1032 (N.Y. App. Div. 2d Dep't 2016).publishedThis affidavit was sufficient to establish the plaintiff’s prima facie entitlement to judgment as a matter of law, as it demonstrated that she was not comparatively negligent in the happening of the subject accident and established a prima…
- Phillip v. D&D Carting Co., 136 A.D.3d 18 (N.Y. App. Div. 2d Dep't 2015).publishedThe plaintiff could rely upon the legal inference that D&D and Gutierrez were negligent, as it was clear from the submissions that their garbage truck struck the van in the rear while the van was in a stopped position at the scene of the a…
- Gezelter v. Pecora, 129 A.D.3d 1021 (N.Y. App. Div. 2d Dep't 2015).publishedA driver traveling with the right-of-way may be found to have contributed to the happening of the accident if he or she did not use reasonable care to avoid the accident (see Arias v Tiao, 123 AD3d 857 [2014]; Cajas-Romero v Ward, 106 AD3d…
- Lisetskiy v. Weiss, 123 A.D.3d 775 (N.Y. App. Div. 2d Dep't 2014).publishedHere, the plaintiffs established their prima facie entitlement to judgment as a matter of law on the issue of liability by submitting the affidavit of the plaintiff Vladislav Lisetskiy, who stated that their vehicle was struck in the rear…
- Desio v. Cerebral Palsy Transp., Inc., 121 A.D.3d 1033 (N.Y. App. Div. 2d Dep't 2014).publishedThere can be more than one proximate cause of an accident (see Lopez v Reyes-Flores, 52 AD3d 785, 786 [2008]), because each driver has a duty to exercise reasonable care under the circumstances to avoid an accident (see Lu Yuan Yang v Hows…
- Adobea v. Junel, 114 A.D.3d 818 (N.Y. App. Div. 2d Dep't 2014).published This is because each driver has a duty to exercise reasonable care under the circumstances to avoid an accident (see Lu Yuan Yang v Howsal Cab Corp., 106 AD3d 1055, 1056 [2013]; Cajas-Romero v Ward, 106 AD3d 850, 851 [2013]; Shui-Kwan Lui…
- Christensen v. Karaket, 112 A.D.3d 775 (N.Y. App. Div. 2d Dep't 2013).published A driver has a duty to exercise reasonable care under the circumstances to avoid an accident (see Lu Yuan Yang v Howsal Cab Corp., 106 AD3d 1055, 1056 [2013]; Cajas-Romero v Ward, 106 AD3d 850, 851 [2013]; Shui-Kwan Lui v Serrone, 103 AD3d…
- Rungoo v. Leary, 110 A.D.3d 781 (N.Y. App. Div. 2d Dep't 2013).published To establish his prima facie entitlement to judgment as a matter of law on his motion for summary judgment, the burden was on Leary to demonstrate that he was not at fault in the happening of the accident (see Moore v Singh, 108 AD3d 602 […
Other citing cases
- Zihui Lin v. Cheng Liu, 245 A.D.3d 988 (N.Y. App. Div. 2d Dep't 2026).published
- Ramirez v. Pace Univ., 230 A.D.3d 811 (N.Y. App. Div. 2d Dep't 2024).published
v.
Irving K. Ward
[*851] In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (McDonald, J.), dated October 11, 2011, which denied their motion for summary judgment on the issue of liability, without prejudice to renewal after the completion of discovery.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the issue of liability is granted.
The plaintiffs allegedly were injured when the defendant’s motor vehicle collided with the rear of their motor vehicle at the intersection of Jamaica Avenue and 186th Street in Queens. After joinder of issue, but before depositions were conducted, the plaintiffs moved for summary judgment on the issue of liability. The Supreme Court denied the motion, without prejudice to renewal after the completion of discovery.
A driver of a vehicle approaching another vehicle from behind is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with the other vehicle (see Vehicle and Traffic Law § 1129 [a]; Ortiz v Hub Truck Rental Corp., 82 AD3d 725 [2011]; Nsiah-Ababio v Hunter, 78 AD3d 672 [2010]). Drivers have a duty to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident (see Filippazzo v Santiago, 277 AD2d 419 [2000]; Johnson v Phillips, 261 AD2d 269 [1999]).
A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Tutrani v County of Suffolk, 10 NY3d 906, 908 [2008]; Parra v Hughes, 79 AD3d 1113, 1114 [2010]; DeLouise v S.K.I. Wholesale Beer Corp., 75 AD3d 489, 490 [2010]; Volpe v Limoncelli, 74 AD3d 795 [2010]; Staton v Ilic, 69 AD3d 606 [2010]; Lampkin v Chan, 68 AD3d 727 [2009]). A trailing driver’s conduct in failing to leave reasonable distance creates the possibility that a sudden stop will be necessary (see Lowhar-Lewis v Metropolitan Transp. Auth., 97 AD3d 728 [2012]; Pappas v Opitz, 262 AD2d 471 [1999]; Sass v Ambu Trans., 238 AD2d 570 [1997]; Gage v Raffensperger, 234 AD2d 751, 751-752 [1996]).
In support of their motion for summary judgment on the issue of liability, the plaintiffs submitted their respective affidavits in which they averred that their vehicle was stopped at a red light at the aforementioned intersection when it was struck in the rear by the defendant’s vehicle. These affidavits were suf[*852]ficient to establish the plaintiffs’ prima facie entitlement to judgment as a matter of law (see Ramos v TC Paratransit, 96 AD3d 924 [2012]; Napolitano v Galletta, 85 AD3d 881 [2011]; Kastritsios v Marcello, 84 AD3d 1174 [2011]).
The defendant, relying on his affidavit in opposition, failed to raise a triable issue of fact. The defendant averred that he came to a complete stop behind the plaintiffs’ vehicle at the red light. When the light turned green in favor of the plaintiffs and the defendant, the plaintiffs’ vehicle moved forward into the intersection and the defendant followed behind it, at approximately five miles per hour. The defendant averred that a third vehicle “cut off” the plaintiffs’ vehicle, causing the plaintiffs’ vehicle to stop short. The defendant admittedly was unable to stop in time, and his vehicle struck the rear of the plaintiffs’ vehicle. Although the defendant’s version of the events leading to the subject rear-end collision differed from the plaintiffs’ version of events, the defendant’s version of events, even if accepted as true, did not raise a triable issue of fact as to the existence of a nonnegligent explanation for the rear-end collision. The fact that the defendant was traveling extremely close behind the plaintiffs’ vehicle without leaving a reasonable distance created the possibility that a sudden stop would be necessary, and, by his own admission, the defendant clearly breached his duty to maintain a reasonably safe distance from the plaintiffs’ vehicle, which he was following (see Ayach v Ghazal, 25 AD3d 742 [2006]; Pappas v Opitz, 262 AD2d 471 [1999]).
The Supreme Court erred in concluding that the plaintiffs’ motion was premature. A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant (see CPLR 3212 [f]; see also Boorstein v 1261 48th St. Condominium, 96 AD3d 703 [2012]; Dietrich v Grandsire, 83 AD3d 994 [2011]; Trombetta v Cathone, 59 AD3d 526 [2009]). The defendant’s contention that the plaintiffs’ motion was premature because the plaintiffs had not yet been deposed at the time the plaintiffs’ motion was filed did not establish what information the defendant hoped to discover at the plaintiffs’ depositions that would relieve him of liability in this case. “The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion” (Lopez v WS Distrib., Inc., 34 AD3d 759, 760 [2006]).
[*853] Therefore, the Supreme Court should have granted the plaintiffs’ motion for summary judgment on the issue of liability. Dillon, J.E, Angiolillo, Austin and Hinds-Radix, JJ., concur.