Associate Steve Gokberk obtained a summary judgment for a Salenger, Sack, Kimmel & Bavaro client on the issue of liability. This action was commenced to recover damages for serious personal injuries allegedly sustained on September 16, 2016 as a result of a motor vehicle accident that occurred at the intersection of 43rd Avenue and 39th Place in Queens County, New York. We moved for summary judgment on the issue of liability against the defendant driver Erick Herrera and defendant owner Facundo Herrera.
Our client, who was proceeding with the right-of-way, alleged that the defendant disobeyed a stop-sign before striking her vehicle. Our client had Dash Camera footage which corroborated her version of the accident completely. We made our motion prior to depositions and successfully authenticated and utilized the Dash Cam footage in support of the motion.
Defendants opposed the motion on the grounds that the motion was premature as depositions had not yet been conducted. Defendants, however, failed to demonstrate that discovery would lead to facts essential to justify opposition were exclusively within plaintiff’s knowledge and control. In addition, defendants failed to submit an affidavit from someone with personal knowledge of the accident and, as such, failed to raise a triable issue of fact.