Mitchell v. Smith

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered December 9, 2015, which, in this action for personal injuries sustained in a motor vehicle accident, denied the motion of defendant Barrington A. Smith for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.

Smith’s vehicle was proceeding northbound in the right light lane of Interstate 95 when it was struck on the driver’s side by a tractor-trailer owned by defendant Excel Demolition Recycling and operated by defendant Campusano, which was trying to enter the right…