The defendant's affidavit is inconsistent with the police report and with the motor vehicle accident report that he had filed six days after the accident. Due to these inconsistencies, the affidavit raises feigned issues of fact, and is insufficient to defeat the motion. In addition, the affidavit fails to raise a triable issue as to whether there was a nonnegligent explanation for the accident, as it does not indicate that plaintiff was outside the crosswalk or that she did not have the light in her favor.
Curl v. Schiffman, NY Slip Op 02725 (1st Dep't May 7, 2020)
Here is the decision.
