In Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant.
The court explained:
The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While they submitted evidence that Alatsas failed to yield the right-of-way to Sacchetti, in violation of Vehicle and Traffic Law § 1141, their submissions failed to establish Sacchetti’s freedom from fault and that Alatsas’s failure to yield the right-of-way was the sole proximate cause of the accident (see Gezelter v Pecora, 129 AD3d 1021, 1023). Based on their submissions, which included, inter alia, the transcripts of the parties’ depositions and the plaintiff’s errata sheet, the City defendants failed to eliminate all triable issues of fact as to whether Sacchetti took reasonable care to avoid the collision … and was speeding at the time of the collision[.]