Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint. The defendant failed to sustain his initial burden of demonstrating the absence of a triable issue of fact as to whether he exercised due care to avoid the subject accident (see Winegrad v New York Univ. Med. Ctr.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.