Rosenfeld v. BM Islam

Summary

The Appellate Division, First Department, unanimously affirmed the denial of the plaintiff's motion for summary judgment on liability in an e-scooter and taxicab collision case. The court held that the video evidence did not resolve how the collision occurred or establish that the plaintiff was free from negligence, leaving triable issues of fact regarding fault and comparative fault.

Holdings

1. Summary judgment on liability was properly denied because triable issues of fact remained concerning how the collision occurred.
2. The evidence did not irrefutably demonstrate that plaintiff was free from negligence; factual issues remained as to which party was at fault and the degree of fault attributable to each party.

Questions Presented

1. Whether plaintiff was entitled to summary judgment on liability based on video footage and still images of the collision.
2. Whether the record conclusively established that plaintiff was free from negligence and that defendants were solely or primarily at fault.

Disposition

affirmed