Richards v. Burch

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated August 15, 2014, which denied her motion for summary judgment on the issue of liability without prejudice to renew upon the completion of discovery.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion for summary judgment on the issue of liability is granted.

On November 21, 2012, a sanitation truck owned by the defendant City of New York and operated by the defendant Carl Burch (hereinafter the defendant driver)…