Beaubrun v. Boltachev

Order, Supreme Court, New York County (George J. Silver, J.), entered November 26, 2012, which denied the motion of defendants Anton Boltachev and Raneen Taxi, Inc. (collectively Boltachev) for summary judgment on the issue of liability, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff was injured when, while attempting to enter Boltachev’s taxi, he was struck by a taxi driven by defendant Mbengue. The court properly determined that triable issues of fact exist inasmuch as the drivers provided conflicting accounts of the accident (see…