RENWICK v. Michael R. Liriano, Defendant–Respondent. (2023)

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered October 12, 2022, which denied defendants Jhamal A. Mitchell and Starfire Industries Inc.’s motion for summary judgment dismissing the complaint and cross-claims as against them, unanimously affirmed, without costs.

Mitchell and Starfire failed to establish their entitlement to summary judgment because they did not submit evidence showing that they were free from negligence as a matter of law, nor did they submit evidence showing that any alleged negligence by defendant Michael R. Liriano was the sole cause of the accident (see Harrigan v. Sow, 165 A.D.3d 463, 464, 85 N.Y.S.3d 424 [1st Dept. 2018]).  Furthermore, Mitchell's and Liriano's conflicting deposition testimony created questions of fact as to defendants’ liability (see Colon v. Woolco Foods Inc., 177 A.D.3d 498, 498, 110 N.Y.S.3d 551 [1st Dept. 2019]), and credibility issues are reserved for the factfinder's consideration (see Bliss v. State of New York, 95 N.Y.2d 911, 913, 719 N.Y.S.2d 631, 742 N.E.2d 106 [2000];  Acevedo v. Morton W. Assoc., 227 A.D.2d 280, 281, 642 N.Y.S.2d 311 [1st Dept. 1996]).

We have considered defendants’ remaining arguments and find them unavailing.