Pujols v Pros on the Move, LLC, 2024 NY Slip Op 00393 [223 AD3d 634]

January 30, 2024

Appellate Division, First Department

[*1]

Rosalina Pujols, Respondent,

v

Pros on the Move, LLC, Respondent, and Noel Ramirez et al., Appellants, et al., Defendant.

The Zweig Law Firm, P.C., Woodmere (Daniel Rifkin of counsel), for appellants.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 22, 2023, which, to the extent appealed from, denied defendants Noel Ramirez and Bronx Auto Leasing, Inc.’s motion for summary judgment dismissing the complaint and all cross-claims against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants Ramirez and Bronx Auto Leasing were entitled to summary judgment dismissing the complaint and cross-claims against them as plaintiff’s unrefuted testimony that the taxi owned by defendant Bronx Auto Leasing, Inc. and operated by defendant Noel Ramirez, in which she was a passenger, was rear-ended after it had come to a complete stop, established defendants’ lack of negligence ( see Vehicle and Traffic Law § 1129 [a]; Agramonte v City of New York , 288 AD2d 75, 76 [1st Dept 2001]; Johnson v Phillips , 261 AD2d 269, 271 [1st Dept 1999]). Concur—Webber, J.P., Friedman, González, Shulman, Pitt-Burke, JJ..