Elamin v. Roberts Express, Inc.

Appellate Division of the Supreme Court of New York

Elamin v. Roberts Express, Inc.

290 A.D.2d 291, 735 N.Y.S.2d 549, 2002 N.Y. App. Div. LEXIS 296

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 2002·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered April 6, 2001, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants’ vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v Finke, 288 AD2d 122). Concur — Andrias, J.P., Rosenberger, Lerner, Buckley and Marlow, JJ.

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Order, Supreme Court, New York County (Richard Lowe, III, J.), entered April 6, 2001, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants’ vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v Finke, 288 AD2d 122). Concur — Andrias, J.P., Rosenberger, Lerner, Buckley and Marlow, JJ.

Elamin v. Roberts Express, Inc., 290 A.D.2d 291, 735 N.Y.S.2d 549, 2002 N.Y. App. Div. LEXIS 296 (N.Y. Ct. App. 2002).

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Opinion

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