Legal Opinion
Martinez v. Clean Air Car Service & Parking Branch One, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 2017No. 3474PublishedCited by 6 opinions
1Opinion of the Court
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]).
Concur — Tom, J.P.,…
2Cases cited2 opinions
- Susino v. PanzerAppellate Division of the Supreme Court of the State of New York · 2015
- DeRosa v. ValentinoAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by6 opinions
- Butler v. CruzAppellate Division of the Supreme Court of the State of New York · 2021
- Butler v. CruzAppellate Division of the Supreme Court of the State of New York · 2021
- J.Z. v. SalernoAppellate Division of the Supreme Court of the State of New York · 2021
- J.Z. v. SalernoAppellate Division of the Supreme Court of the State of New York · 2021
- G.G.N. v. RamosAppellate Division of the Supreme Court of the State of New York · 2019
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