Vazquez v. Randall

Summary

The Appellate Division, First Department affirmed an order denying defendants' cross motions for summary judgment on liability in a personal-injury action arising from a four-vehicle accident. The court held that certain defendants failed to submit sufficient evidence establishing lack of liability, and that another defendant's conclusory affidavit was inadequate to make a prima facie showing.

Holdings

1. The defendants' cross motions for summary judgment were properly denied because Agramonte and Barrios failed to submit an affidavit from a person with knowledge demonstrating their lack of liability, and Kone's conclusory affidavit was insufficient to establish a prima facie case.

Questions Presented

1. Whether defendants Agramonte, Barrios, and Kone were entitled to summary judgment dismissing the claims and cross claims against them on the issue of liability before completion of discovery.

Disposition

affirmed