Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025)
The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet behind the plaintiff’s vehicle for approximately 5 seconds when their vehicle was struck from behind by co-defendant and pushed into the rear of the plaintiff’s vehicle.
Their motion was denied at the trial court level. However, the Appellate Division reversed after finding that the plaintiff and the co-defendant failed to raise a triable issue of fact and because the motion was not premature, as the opposing parties failed to demonstrate why further discovery was necessary.
