Opinion
5288 Index 22754/13E
12-28-2017
Law Offices of William Pager, Brooklyn (William Pager of counsel), for appellant. Law Offices of John Trop, Yonkers (David Holmes of counsel), for respondents.
Law Offices of William Pager, Brooklyn (William Pager of counsel), for appellant.
Law Offices of John Trop, Yonkers (David Holmes of counsel), for respondents.
Acosta, P.J., Richter, Mazzarelli, Andrias, Gesmer, JJ.
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered June 9, 2016, which, in this action for personal injuries sustained in a motor vehicle accident, denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
The court properly denied plaintiff's motion as the evidence, including the parties' conflicting accounts as to how the accident occurred and the police accident report, presents triable issues of fact as to who was at fault for the accident (see e.g. Geralds v. Damiano, 128 A.D.3d 550, 10 N.Y.S.3d 38 [1st Dept. 2015] ).