Brickman v New York City Tr. Auth.
Annotate this Case
Mazzarelli, J.P., Friedman, Andrias, Webber, Gesmer, JJ.
1680 107976/11
[*1]David Brickman, as Executor
of the Estate of Shirley Golombeck,
Plaintiff,
v
New York City Transit Authority, et al.,
Defendants-Respondents,
Nderush Doci,
Defendant-Appellant.
McCabe, Collins, McGeough, Fowler, Levine & Nogan LLP, Carle Place (Allison J. Henig of counsel), for appellant.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy
of counsel), for respondents.
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered January 20, 2016, which denied the motion of defendant Nderush Doci for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Summary judgment was properly denied in this action where plaintiff's decedent fell and was injured when the bus on which she was a passenger was caused to suddenly stop when a vehicle allegedly operated by Doci cut off the bus. Doci's own testimony raises triable issues of fact as to whether he was the driver of the offending vehicle, as his testimony placed him in the area of the incident, at or near the time of its occurrence, and was substantially consistent with the account provided by defendant bus driver. Furthermore, since it was not the only evidence submitted in opposition to Doci's motion, Supreme Court properly considered the unauthenticated accident report purportedly prepared by the bus driver, which showed that the offending vehicle had Doci's license number, or one remarkably close to his (see O'Halloran v City of New York, 78 AD3d 536 [1st Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JULY 7, 2016
DEPUTY CLERK
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