Barba v. Stewart

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered June 16, 2015, which granted plaintiff’s motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

In support of her motion, plaintiff submitted an affidavit, in which she asserted that she was stopped at a red light, when defendant driver was waved through the light by a traffic officer, moved his tour bus into her lane in violation of Vehicle and Traffic Law § 1128, and hit the front of her car. In opposition, defendants presented the affidavit of…