Practice point: Plaintiff made a prima facie showing of entitlement to judgment
as a matter of law on the issue of liability by submitting an affidavit
stating that defendants' yellow cab struck him as he was crossing
within a crosswalk, with the pedestrian light in his favor, and after he
had looked for oncoming traffic. In opposing, defendants failed to raise a triable issue of
fact. Defendant-driver himself admitted in his affidavit
that both he and plaintiff spoke with the police officer, and his statement to the officer is admissible as an admission against interest.
Student note: The court determined that defendant-driver's affidavit containing a
different version of the facts seems to have been submitted to avoid
the consequences of his prior admission to the police officer, and so it iis insufficient to defeat plaintiff's motion.
Case: Garzon-Victoria v. Okolo, NY Slip Op 02667 (1st Dept. 2014)
Here is the decision.
Monday's issue: Statue of limitations in a toxic exposure action.
