Yaziciyan v. Blancato
| Decision Date | 21 December 1999 |
| Citation | 267 A.D.2d 152,700 N.Y.S.2d 22 |
| Court | New York Supreme Court — Appellate Division |
| Parties | NANCY YAZICIYAN, Respondent,<BR>v.<BR>VINCENZO BLANCATO et al., Respondents and PENSKE TRUCK LEASING et al., Appellants. (And Another Action.) |
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.
In light of the deposition testimony of the driver of one of the vehicles involved in the series of collisions underlying this personal injury action to the effect that the tractor-trailer driven by defendant Sullivan hit one or more of the group of vehicles that had already collided, which group included the vehicle driven by plaintiff, defendant-appellants, as summary judgment movants, failed to carry their initial burden to demonstrate the absence of any triable issue of fact respecting whether Sullivan's operation of his truck was a proximate cause of plaintiff's harm (see, Ratanee Jewelry v Art Jewelry Ctr., 253 AD2d 591). The deponent's arguably inconsistent testimony elsewhere in his deposition merely presents a credibility issue properly left for the trier of fact (see, Meyer v Moreno, 258 AD2d 315, 316).
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...of plaintiffs and their affidavits submitted in opposition to the motion present issues for trial(see also Yaziciyan v. Blancato, 267 A.D.2d 152, 152, 700 N.Y.S.2d 22 [1st Dept 1999] ; Perez v. Bronx Park Associates, 285 A.D.2d 402, 404, 728 N.Y.S.2d 33 [1st Dept 2001] ). Accordingly, the C......
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