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Almodovar v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1999
267 A.D.2d 10 (N.Y. App. Div. 1999)

Opinion

December 2, 1999

Order, Supreme Court, Bronx County (Douglas McKeon, J.).

David M. Schuller, for plaintiffs-respondents.

Jonathan A. Dachs, for Defendant-Appellant.

Keith E. Ford, for defendants-respondents.

WILLIAMS, J.P., TOM, LERNER, RUBIN, SAXE, JJ.


Renewal of the motion for summary judgment was properly granted based on the renewal movants' submission of additional evidence not before the court on the original motion (see, Framapac Delicatessen v. Aetna Cas. Sur. Co., 249 A.D.2d 36). As to the merits of the summary judgment motion, we agree with the motion court that the affidavit of defendant Robert Almodovar, freshly before the court on renewal, was sufficient to raise a triable issue as to whether plaintiff Edwin Almodovar's injuries were caused by the vehicle driven by defendant Cambria. To the extent that defendant Robert Almodovar's prior statement to the police is inconsistent with his recent affidavit, such inconsistency suffices only to raise questions as to his credibility which are not appropriately resolved on a motion for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Almodovar v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1999
267 A.D.2d 10 (N.Y. App. Div. 1999)
Case details for

Almodovar v. City of New York

Case Details

Full title:ILEANA ALMODOVAR, et al., Plaintiffs-Respondents, v. THE CITY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 1999

Citations

267 A.D.2d 10 (N.Y. App. Div. 1999)
698 N.Y.S.2d 489

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