Palma v. Douglas

2017 NY Slip Op 9247, 156 A.D.3d 561, 65 N.Y.S.3d 712

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 28, 2017
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered June 9, 2016, which, in this action for personal injuries sustained in a motor vehicle accident, denied plaintiffs motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

The court properly denied plaintiffs motion as the evidence, including the parties’ conflicting accounts as to how the accident occurred and the police accident report, presents triable issues of fact as to who was at fault for the accident (see e.g. Geralds v Damiano, 128 AD3d 550 [1st Dept 2015]).

Concur— Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.