| Gray v Jackson |
| 2019 NY Slip Op 02159 [170 AD3d 552] |
| March 21, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Alprentice Gray, Sr., as Administrator of the Estate of
Alprentice Gray, Jr., Deceased, Respondent, v Stacyann Jackson et al., Defendants, and Qualcon Construction LLC et al., Appellants. |
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellants.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot of counsel), for respondent.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered on or about September 12, 2017, which denied the motion of defendants Qualcon Construction LLC and Consolidated Edison for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff's decedent sustained fatal injuries when, while riding his bicycle, he was struck by a vehicle driven by defendant Jackson. Multiple triable issues of fact exist as to the specifics of the underlying incident, including whether a metal plate placed in the roadway by Qualcon in the course of a construction project was a proximate cause of the accident (see Rawls v Simon, 157 AD3d 418 [1st Dept 2018]; see also Sutherland v Comprehensive Care Mgt. Corp., 155 AD3d 414 [1st Dept 2017]). Concur—Friedman, J.P., Renwick, Webber, Kahn, Kern, JJ.