Robinson v. Bronx County Pub. Admr.

Summary

The Appellate Division, First Department unanimously affirmed the denial of summary judgment sought by the Bronx County Public Administrator and GVC Ltd. in a motor-vehicle accident action. The court held that the defendants' evidence did not establish their prima facie entitlement to judgment as a matter of law, and that a bus attendant's affidavit contradicted her deposition testimony.

Holdings

1. The GVC defendants failed to meet their prima facie burden because the police accident report and repair estimate did not necessarily overcome the plaintiff's testimony that the taxi was stationary before being struck by the bus.
2. The record did not establish as a matter of law that the actions of the taxi operator were the sole proximate cause of the accident.
3. The bus attendant's affidavit, because it contradicted her deposition testimony, could not be relied upon to establish the defendants' prima facie entitlement to summary judgment.

Questions Presented

1. Whether the GVC defendants established their prima facie entitlement to summary judgment dismissing the complaint.
2. Whether the evidence established as a matter of law that the actions of the taxi operator were the sole proximate cause of the accident.
3. Whether the bus attendant's contradictory affidavit could be relied upon to establish a prima facie case for summary judgment.

Disposition

affirmed