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Bey v. Rosado

Appellate Division of the Supreme Court of the State of New York
Mar 25, 2021
192 A.D.3d 575 (N.Y. App. Div. 2021)

Opinion

13419 Index No. 151567/19 Case No. 2020-04448

03-25-2021

Malik J. BEY, Plaintiff–Respondent, v. Joel L. ROSADO et al., Defendants–Appellants.

Gallo, Vitucci & Klar LLP, New York (Yolanda L. Ayala of counsel), for appellants. Liakas Law, P.C., New York (Joshua Versoza of counsel), for respondent.


Gallo, Vitucci & Klar LLP, New York (Yolanda L. Ayala of counsel), for appellants.

Liakas Law, P.C., New York (Joshua Versoza of counsel), for respondent.

Renwick, J.P., Mazzarelli, Singh, Gonza´lez, JJ.

Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about May 6, 2020, which granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and summary judgment denied with leave to renew following plaintiff's deposition and other discovery.

Plaintiff alleges that after crossing Pearl Street at the intersection with Whitehall Street he was struck from behind by defendants' box truck, while he was on the curb/lip of the sidewalk. According to the affidavit of the driver, defendant Rosado, plaintiff was distracted by talking on a cell phone, and walked into the side of the truck while it was already making a right turn.

While plaintiff was not required to demonstrate the absence of comparative negligence on his part, his motion was premature in that defendants did not have the opportunity to depose him (see Figueroa v. City of New York, 126 A.D.3d 438, 439, 5 N.Y.S.3d 62 [1st Dept. 2015] ).


Summaries of

Bey v. Rosado

Appellate Division of the Supreme Court of the State of New York
Mar 25, 2021
192 A.D.3d 575 (N.Y. App. Div. 2021)
Case details for

Bey v. Rosado

Case Details

Full title:Malik J. Bey, Plaintiff-Respondent, v. Joel L. Rosado et al.…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 25, 2021

Citations

192 A.D.3d 575 (N.Y. App. Div. 2021)
146 N.Y.S.3d 56
2021 N.Y. Slip Op. 1840