JARRETT v. CLARO (2018)

Supreme Court, Appellate Division, First Department, New York.

Kerron JARRETT, Plaintiff–Respondent, v. Carlo C. CLARO, Defendant–Appellant.

6676

Decided: May 24, 2018

Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kapnick, Kahn, JJ.

Picciano & Scahill, P.C., Bethpage (Andrea E. Ferrucci of counsel), for appellant. German Rubenstein LLP, New York (Steven J. German of counsel), for respondent.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered May 11, 2017, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action for personal injuries sustained when plaintiff bicyclist was struck by a motor vehicle operated by defendant. The parties' conflicting versions as to how the accident occurred raise triable issues of fact (see Huerta–Saucedo v. City Bronx Leasing Inc., 147 A.D.3d 695 [1st Dept. 2017]; Beaubrun v. Boltachev, 111 A.D.3d 494, 974 N.Y.S.2d 782 [1st Dept. 2013] ). The statement attributed to plaintiff in the police report should not serve as grounds to render his deposition testimony incredible as a matter of law (see Ramos v. Rojas, 37 A.D.3d 291, 292, 830 N.Y.S.2d 109 [1st Dept. 2007] ).

We have considered the remaining arguments and find them unavailing.

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