McGarvey v. Bank of New York

In order to defeat a defendant’s motion for summary judgment, the plaintiff need only present evidentiary materials sufficient to create a material question of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065 [1979]). I believe that plaintiff successfully fulfilled that obligation here. Further, this is not an appropriate situation in which to apply a rule that an expert’s opinion should be disregarded where it is based upon observations made long after the accident (see Kruimer v National Cleaning Contrs., 256 AD2d 1…