Moccia v. Carrier Car Rental, Inc.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 24, 2007, which, in an action for personal injuries sustained when plaintiff was struck by defendants’ vehicle, granted plaintiffs motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

The affidavit submitted by defendants of a nonparty witness to the accident giving rise to this action raises a triable issue of fact as to plaintiffs comparative negligence. Plaintiff, however, raised a timely objection to the form of this affidavit,…