Opinion
5256 Index 301445/15
12-21-2017
Barrington MORRIS, Plaintiff–Respondent, v. Shelvis R. GREEN, Jr., et al., Defendants–Respondents, Sheila Kiffin–Innis, Defendant–Appellant.
DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for appellant. Peña & Kahn, PLLC, Bronx (Philip M. Aglietti of counsel), for Barrington Morris, respondent. Russo & Tambasco, Melville (Yamile Al–Sullami of counsel), for Shelvis R. Green, Jr., and Giselle Marte–Green, respondents.
DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for appellant.
Peña & Kahn, PLLC, Bronx (Philip M. Aglietti of counsel), for Barrington Morris, respondent.
Russo & Tambasco, Melville (Yamile Al–Sullami of counsel), for Shelvis R. Green, Jr., and Giselle Marte–Green, respondents.
Tom, J.P., Friedman, Renwick, Kahn, Kern, JJ.
Order, Supreme Court, Bronx County (Armando Montano, J.), entered on or about May 10, 2017, which denied defendant Sheila Kiffin–Innis's (defendant) motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.
Defendant failed to make a prima facie showing of her entitlement to summary judgment because the deposition transcripts submitted with her moving papers show that there are conflicting versions as to how the accident occurred (see Castro v. Rivera, 116 A.D.3d 517, 983 N.Y.S.2d 270 [1st Dept. 2014] ; Lewis v. Konan, 39 A.D.3d 319, 319, 835 N.Y.S.2d 40 [1st Dept. 2007] ; Ramos v. Rojas, 37 A.D.3d 291, 292, 830 N.Y.S.2d 109 [1st Dept. 2007] ). Plaintiff and defendant testified that defendant's vehicle was in the middle lane when codefendant Shelvis R. Green, Jr.'s vehicle rear-ended defendant's vehicle. However, Mr. Green testified that he was in the middle lane, with defendant's vehicle to his left, when defendant's vehicle drifted into his lane and then slowed down, causing a collision (see Jeffrey v. DeJesus, 116 A.D.3d 574, 575, 984 N.Y.S.2d 325 [1st Dept.2014] ; Figueroa v. Cadbury Util. Constr. Corp., 239 A.D.2d 285, 657 N.Y.S.2d 422 [1st Dept.1997] ).