BRITO v. GOMEZ (2018)

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about August 16, 2017, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff failed to establish entitlement to judgment as a matter of law in this action for personal injuries sustained in a motor vehicle collision.  The deposition testimony submitted in support of plaintiff's motion contains conflicting accounts as to her whereabouts at the time of the collision.  Plaintiff testified that she was sitting inside her vehicle with the driver's side door open when defendant Gomez, operating a school bus owned by defendant Don Thomas Bus, Inc., struck her open door.  However, Gomez and defendants' bus matron both testified that plaintiff was standing on the sidewalk, away from her vehicle, when the collision occurred.  These conflicting accounts raise triable issues regarding whether, and how, the collision caused plaintiff's claimed injuries (see Oluwatayo v. Dulinayan, 142 A.D.3d 113, 116–117, 35 N.Y.S.3d 84 [1st Dept. 2016] ).

We have considered plaintiff's remaining arguments and find them unavailing.