| Canestri v United Coach Lines, Inc. |
| 2021 NY Slip Op 06750 [200 AD3d 407] |
| December 2, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Vanessa Barbero Canestri et al., Respondents, v United Coach Lines, Inc. et al., Appellants. |
Gallo Vitucci Klar LLP, New York (Heather Ragone of counsel), for appellants.
Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), for respondents.
Order, Supreme Court, New York County (Lisa S. Headley, J.), entered on or about October 21, 2020, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In this action in which plaintiff's decedent was struck by a bus owned and operated by defendants, summary judgment is precluded by conflicting witness testimony and experts' affidavits (see e.g. Rawls v Simon, 157 AD3d 418, 419 [1st Dept 2018]). Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.