McGruder v. Gray

—Judgment unanimously affirmed without costs. Memorandum: In this negligence action, arising from a motor vehicle accident, Supreme Court properly refused to admit in evidence photographs of the intersection where the accident occurred. Plaintiff failed to demonstrate that the photographs fairly and accurately depict the scene of the accident or that the photographs were taken under the same lighting conditions (see, People v Mixon, 203 AD2d 909, 910, lv denied 84 NY2d 830, 909; see also, Clancy v Port of N. Y. Auth., 55 AD2d 587, 588). The changed conditions depicted in the photographs…