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FAULK v. VITAL

16 A.D.3d 544 (2005)

790 N.Y.S.2d 880

PAUL FAULK et al., Respondents, v. BERNARD L. VITAL, Also Known as LOUIS B. VITAL, Defendant, and NISSAN MOTOR ACCEPTANCE CORPORATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 21, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, it failed to submit evidence sufficient to establish its entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). Triable issues of fact exist as to whether the defendant driver intentionally struck the injured plaintiff and whether he was a permissive operator...

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