Summary
This Appellate Division, First Department decision reviews a trial court's denial of a defendant's motion for summary judgment in a motor vehicle negligence action. The court affirmed the lower court's order, finding that conflicting deposition testimony and expert affidavits created triable issues of fact regarding proximate cause, the plaintiff's compliance with a stop sign, and the defendants' breach of their duty of care. Consequently, the matter must proceed to trial rather than be resolved on summary judgment.
Topics
Practice areas
Questions Presented
- Whether genuine issues of material fact exist as to proximate cause, precluding summary judgment.
- Whether the defendant breached a duty to see and exercise reasonable care under the circumstances.
- Whether the plaintiff's conduct was the sole proximate cause of the accident.
Holdings
- Summary judgment is improper because the deposition testimony and expert affidavits raise triable issues of fact regarding proximate cause, duty to see, and whether the plaintiff stopped at the stop sign.
Key quotations
“Defendants failed to establish their entitlement to summary judgment, as the conflicting deposition testimony raised triable issues of fact as to the proximate cause or causes of the collision.” (*1)
Factual background
Anthony Legrand was waiting in his car, stopped in traffic with his foot on the brake, when a cement truck owned by USC‑NYCON, LLC and driven by Michael Cunha struck his vehicle from behind. Cunha testified that Legrand cut him off while making a right turn, causing the collision, and that he did not see Legrand's car before impact. The parties presented conflicting deposition testimony and expert affidavits regarding who entered the intersection first and whether Legrand stopped at the stop sign.
Procedural history
The Supreme Court, Bronx County denied the defendants' motion for summary judgment on December 22, 2023. The defendants appealed, and the Appellate Division, First Department reviewed the denial and affirmed the lower court's decision.