Scahill Law Group P.C. | New York Trial Attorneys

Joseph v. Kelly, 178 A.D.3d 1028 (N.Y. App. Div. 2019)

Co-defendant’s motion for summary judgment on the issue of liability was granted in this motor vehicle accident case.  The Appellate Division reversed.

Plaintiff was operating a school bus, when the bus was involved in a three-vehicle accident.  Co-defendants moved for summary judgment on the issue of liability and serious injury within the meaning of Insurance Law § 5102(d).  In granting summary judgment on the issue of liability, the Supreme Court rendered no determination on Threshold.  The Appellate Division agreed with defendant’s arguments, that co-defendant failed to establish their entitlement to summary judgment.  Defendant testified she was driving in the middle lane with co-defendant on her left, and plaintiff’s bus on her right.  Defendant testified co-defendant veered into her lane and struck her car, pushing her into plaintiff’s bus.  Conflicting testimony raised issues of fact.

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