Opinion
03-23-2017
Ulises MARTINEZ, Plaintiff–Respondent, v. CLEAN AIR CAR SERVICE & PARKING BRANCH ONE, LLC, et al., Defendants–Appellants.
Rubin, Fiorella & Friedman LLP, New York (Stewart B. Greenspan counsel), for appellants. Morgan Levine Dolan, P.C., New York (Amit Sondhi of counsel), for respondent.
Rubin, Fiorella & Friedman LLP, New York (Stewart B. Greenspan counsel), for appellants.Morgan Levine Dolan, P.C., New York (Amit Sondhi of counsel), for respondent.
Order, Supreme Court, Bronx County (Lizbeth González, J.), entered July 11, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff was injured when he was allegedly struck by defendants' vehicle as he rode his bicycle. The parties' differing versions as to how the accident occurred present triable issues as to liability for the accident (see Susino v. Panzer, 127 A.D.3d 523, 524, 7 N.Y.S.3d 120 [1st Dept.2015] ; DeRosa v. Valentino, 14 A.D.3d 448, 788 N.Y.S.2d 369 [1st Dept.2005] ).
TOM, J.P., FRIEDMAN, MAZZARELLI, KAPNICK, KAHN, JJ., concur.