In Bhatia v Cummings, 2016 NY Slip Op 00918 (App. Div. 2d Dept. Feb. 10, 2016), plaintiff was driving his car when he was struck in the rear by a vehicle operated by defendant. Plaintiff sued, and defendant (the rear-ender) asserted a counterclaim for negligence.
The Supreme Court granted plaintiff’s motion dismissing defendant’s counterclaim; the Appellate Division disagreed and reversed:
[Plaintiff] established his prima facie entitlement to judgment as a matter of law dismissing the defendant’s counterclaim against him by demonstrating that while the plaintiffs’ vehicle was in the process of slowing down to turn right … with its right turn signal on, it was struck in the rear by the vehicle operated by the defendant. However, in opposition, the defendant raised a triable issue as to [plaintiff]’s negligence by submitting evidence in the form of the defendant’s affidavit, in which he stated that [plaintiff] suddenly and without warning slammed on his brakes and attempted to make a right turn … without proper signaling.