Martinez v. Clean Air Car Serv.

Full title: Ulises Martinez, Plaintiff-Respondent, v. Clean Air Car Service & Parking…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 23, 2017

2017 N.Y. Slip Op. 2138 (N.Y. App. Div. 2017)

Opinion

3474

03-23-2017

Ulises Martinez, Plaintiff-Respondent, v. Clean Air Car Service & Parking Branch One, LLC, et al., Defendants-Appellants.

Rubin, Fiorella & Friedman LLP, New York (Stewart B. Greenspan counsel), for appellants. Morgan Levine Dolan, P.C., New York (Amit Sondhi of counsel), for respondent.

Tom, J.P., Friedman, Mazzarelli, Kapnick, Kahn, JJ.

Rubin, Fiorella & Friedman LLP, New York (Stewart B. Greenspan counsel), for appellants.

Morgan Levine Dolan, P.C., New York (Amit Sondhi of counsel), for respondent.

Order, Supreme Court, Bronx County (Lizbeth González, J.), entered July 11, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff was injured when he was allegedly struck by defendants' vehicle as he rode his bicycle. The parties' differing versions as to how the accident occurred present triable issues as to liability for the accident (see Susino v Panzer, 127 AD3d 523, 524 [1st Dept 2015]; DeRosa v Valentino, 14 AD3d 448 [1st Dept 2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 23, 2017

CLERK