| Martinez v Clean Air Car Serv. & Parking Branch One, LLC |
| 2017 NY Slip Op 02138 [148 AD3d 569] |
| March 23, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ulises Martinez, Respondent, v Clean Air Car Service & Parking Branch One, LLC, et al., Appellants. |
Rubin, Fiorella & Friedman LLP, New York (Stewart B. Greenspan counsel), for appellants.
Morgan Levine Dolan, P.C., New York (Amit Sondhi of counsel), for respondent.
Order, Supreme Court, Bronx County (Lizbeth González, J.), entered July 11, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff was injured when he was allegedly struck by defendants' vehicle as he rode his bicycle. The parties' differing versions as to how the accident occurred present triable issues as to liability for the accident (see Susino v Panzer, 127 AD3d 523, 524 [1st Dept 2015]; DeRosa v Valentino, 14 AD3d 448 [1st Dept 2005]). Concur—Tom, J.P., Friedman, Mazzarelli, Kapnick and Kahn, JJ.