Opinion
01-19-2017
Lydia GYAMFI, Plaintiff–Appellant, v. CITYWIDE MOBILE RESPONSE CORP., et al., Defendants–Respondents.
Glenn Roy Cooper, P.C., New York (Glenn Roy Cooper of counsel), for appellant. White Fleischner & Fino, LLP, New York (Jason S. Steinberg of counsel), for respondents.
Glenn Roy Cooper, P.C., New York (Glenn Roy Cooper of counsel), for appellant.
White Fleischner & Fino, LLP, New York (Jason S. Steinberg of counsel), for respondents.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 29, 2016, which, insofar as appealed from as limited by the briefs, in this action for personal injuries sustained in a motor vehicle accident, denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.Plaintiff's motion was properly denied since triable issues of fact exist as to how the accident occurred in light of the conflicting accounts of the accident provided by plaintiff and defendant Carrigan (see Lewis v. Konan, 39 A.D.3d 319, 835 N.Y.S.2d 40 [1st Dept.2007] ). In addition, the affidavits of the parties' experts raise triable issues as to which parties' conduct proximately caused the accident (see Kumar v. Stahlunt Assoc., 3 A.D.3d 330, 769 N.Y.S.2d 884 [1st Dept.2004] ). The motion court properly considered the affidavit of defendant's expert even though it was notarized in New Jersey and lacked a certificate of conformity. The document states that the oath was duly given and the authentication of the oathgiver's authority can be secured later and given nunc pro tunc effect if necessary (see Matapos Tech. Ltd. v. Compania Andina de Comercio Ltda, 68 A.D.3d 672, 673, 891 N.Y.S.2d 394 [1st Dept.2009] ).
FRIEDMAN, J.P., RENWICK, RICHTER, MOSKOWITZ, KAPNICK, JJ., concur.