Opinion
14590 Index No. 158573/19 Case No. 2021-02142
11-09-2021
Liron KHAIMOV, et al., Plaintiffs–Appellants, v. The CITY OF NEW YORK, et al., Defendants–Respondents.
Napoli Shkolnik, PLLC, New York (Craig Phemister of counsel), for appellants. Georgia M. Pestana, Corporation Counsel, New York (Jesse A. Townsend of counsel), for respondents.
Napoli Shkolnik, PLLC, New York (Craig Phemister of counsel), for appellants.
Georgia M. Pestana, Corporation Counsel, New York (Jesse A. Townsend of counsel), for respondents.
Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.
Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about May 27, 2021, which denied plaintiffs’ motion for summary judgment as to liability, unanimously affirmed, without costs.
The parties’ conflicting versions as to how the accident occurred raise triable issues of fact regarding the fault of the parties. Plaintiffs’ sole argument on appeal is that defendants failed to raise an issue of fact in opposition to their prima facie showing, because defendant driver's statements contained in the police accident report, on which the opposition was founded, were hearsay and therefore inadmissible. Plaintiff waived her hearsay objections to the driver's statements contained in the police accident report submitted by defendants by failing to object before the motion court and by relying on them in support of her own motion (see Cook v. Supreme Sys., Cook v. Supreme Sys., Inc., 146 A.D.3d 602, 44 N.Y.S.3d 746 [1st Dept. 2017] ; Cruz v. Skeritt, 140 A.D.3d 554, 32 N.Y.S.3d 504 [1st Dept. 2016] ).