Opinion
8167 Index 21466/17E
01-22-2019
Andrew GILLIS, Plaintiff–Appellant, v. Timothy DWYER, Defendant–Respondent.
Law Office of Michael H. Joseph, P.L.L.C., White Plains (Michael H. Joseph of counsel), for appellant. O'Connor, McGuinness, Conte, Doyle, Olson, Watson & Loftus, LLP, White Plains (Montgomery L. Effinger of counsel), for respondent.
Law Office of Michael H. Joseph, P.L.L.C., White Plains (Michael H. Joseph of counsel), for appellant.
O'Connor, McGuinness, Conte, Doyle, Olson, Watson & Loftus, LLP, White Plains (Montgomery L. Effinger of counsel), for respondent.
Sweeny, J.P., Richter, Tom, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Donald Miles, J.), entered April 2, 2018, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff was allegedly injured while riding his bicycle. Plaintiff stated that defendant's vehicle made a sudden left turn into plaintiff's lane causing the collision. Defendant states that plaintiff's bicycle struck his stopped vehicle after he made a slow left turn into a driveway. The parties' conflicting versions as to how the accident occurred raise triable issues of fact (see e.g. Jarrett v. Claro, 161 A.D.3d 639, 77 N.Y.S.3d 384 [1st Dept. 2018] ; Ramos v. Rojas, 37 A.D.3d 291, 292, 830 N.Y.S.2d 109 [1st Dept. 2007] ).
We have considered plaintiff's remaining contentions and find them unavailing.