Opinion
10317 Index 26405/15E
11-12-2019
Adelina MIRANDA–LOPEZ, Plaintiff–Respondent, v. The NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants–Appellants.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants. La Sorsa & Beneventano, White Plains (Robert Gilmore of counsel), for respondent.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants.
La Sorsa & Beneventano, White Plains (Robert Gilmore of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Singh, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about March 5, 2019, which, inter alia, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff alleges that defendants' bus struck her as she operated her motorized wheelchair on the sidewalk. According to plaintiff, the rear of the bus hit her wheelchair causing it to topple over. Although video evidence may be sufficient to demonstrate the absence of a triable issue of fact (see Santana v. Metropolitan Transp. Co., 170 A.D.3d 551, 97 N.Y.S.3d 66 [1st Dept. 2019] ; Lowenstern v. Sherman Sq. Realty Corp., 165 A.D.3d 432, 84 N.Y.S.3d 151 [1st Dept. 2018], lv denied 33 N.Y.3d 906, 2019 WL 2375920 [2019] ), the surveillance video submitted by defendants is not dispositive of plaintiff's claims. The video shows the bus in the roadway as it passed plaintiff's wheelchair, which was on the sidewalk. However, the accident itself is not clearly depicted, and the video does not, as defendant argues, irrefutably demonstrate that they were not negligent.