Burton v Davis
2022 NY Slip Op 01412 [203 AD3d 454]
March 8, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 Lanbert Burton, Appellant,
v
Peter I. Davis, Defendant, and Vakabantene Diarrassouba et al., Respondents.

Michael H. Zhu P.C., New York (Michael H. Zhu of counsel), for appellant.

McCormick & Priore, P.C., New York (Steven R. Gustavson of counsel), for respondents.

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered March 16, 2021, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

In this action for personal injuries sustained in a collision between defendants' vehicle and plaintiff's vehicle, triable issues exist as to how the accident occurred, as plaintiff and defendant Diarrassouba provided conflicting versions of the accident (see Savall v New York City Tr. Auth., 173 AD3d 566, 567 [1st Dept 2019]). The sole basis for plaintiff's claim that Diarrassouba was in violation of Vehicle and Traffic Law §§ 1128 (a) and 1163 (a) is plaintiff's affidavit, which was contradicted by the assertions made by Diarrassouba in his affidavit submitted in opposition to the motion.

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.