Adam Soto-Maroquin filed suit after he was rear-ended by Maureen Mellet.
While Mellet's passenger claimed the collision occurred because Soto-Maroquin stopped short, the New York County Supreme Court still found Mellet liable.
On appeal, the Appellate Division, First Department, declined to disturb that outcome.
The passenger's "sudden stop" affidavit provided no information about road conditions. And, since Mellet was in a better position to know why the accident occurred, the AD1 didn't take too kindly to her silence. (Apparently, there was no affidavit from her explaining what had transpired or offering "any non-negligent reasons for the accident.")
Seems the AD1 put the brakes on that one.
To view a copy of the Appellate Division's decision, please use this link: Soto-Maroquin v. Mellet