Buffa v. Carr

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered August 17, 2016, which denied defendants-appellants’ (the Carr defendants) motion for summary judgment dismissing the complaint, and granted plaintiff’s cross motion for summary judgment on the issue of liability, unanimously modified, on the law, to grant plaintiff’s cross motion for summary judgment only to the extent of finding no culpable conduct by plaintiff on the issue of liability, and otherwise affirmed, without costs.

Plaintiff, a passenger in a car driven by defendant Ian James Carr, allegedly sustained injuries when…