Opinion
8757 Index 306169/11
03-21-2019
Alprentice GRAY, Sr., as Administrator of the Estate of Alprentice Gray, Jr., Deceased, Plaintiff–Respondent, v. Stacyann JACKSON, et al., Defendants, Qualcon Construction LLC, et al., Defendants–Appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellants. Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot of counsel), for respondent.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellants.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot of counsel), for respondent.
Friedman, J.P., Renwick, Webber, Kahn, Kern, JJ.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered on or about September 12, 2017, which denied the motion of defendants Qualcon Construction LLC and Consolidated Edison for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff's decedent sustained fatal injuries when, while riding his bicycle, he was struck by a vehicle driven by defendant Jackson. Multiple triable issues of fact exist as to the specifics of the underlying incident, including whether a metal plate placed in the roadway by Qualcon in the course of a construction project was a proximate cause of the accident (see Rawls v. Simon , 157 A.D.3d 418, 66 N.Y.S.3d 126 [1st Dept. 2018] ; see also Sutherland v. Comprehensive Care Mgt. Corp. , 155 A.D.3d 414, 62 N.Y.S.3d 800 [1st Dept. 2017] ).