Ovidio Colon v. New York City Transit Authority, et al

8/12/26 – Plaintiff Ovidio Colon sought damages for personal injuries sustained in a three-vehicle accident in Brooklyn. At the time, the Plaintiff was stopped in front of a red light. Our client was stopped five to six feet behind him. The accident occurred when a third driver lost control of his vehicle and collided into our client, whose vehicle then lurched forward and rear-ended the Plaintiff’s. Records, accident reports, and favorable deposition testimony allowed us to move for summary judgment for our client, on the grounds that he was exempt from liability as the middle driver in a three-vehicle collision. Both the Plaintiff and our client testified that their respective vehicles were stopped at a red light and were approximately five to six feet apart when the accident occurred. In moving for summary judgment, we utilized deposition testimony, along with police and accident reports to establish that our client was in between Plaintiff and co-defendant. In opposition, co-defendant, the driver of the third vehicle, argued that our motion was premature, and that more discovery was necessary. We appeared before Judge Gina Abadi of Kings County Supreme Court for oral argument on August 12, 2026. The Court found that co-defendant was unable to overcome their burden to show that additional discovery was necessary to establish our client’s liability and granted summary judgment in our favor.