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PALAKAWONG v. LALLI

Nos. 5748, 300883/08, 84021/09, 304038/08.

88 A.D.3d 541 (2011)

930 N.Y.S.2d 588

2011 NY Slip Op 7287

SHAN PALAKAWONG, Plaintiff, v. MARIE LALLI, Sued Herein as AJ LALLI, et al., Defendants. MARIE LALLI et al., Third-Party Plaintiffs-Appellants, v. EDWIN PEREZ, Third-Party Defendant-Respondent. EDWIN PEREZ, Respondent, v. A.J. LALLI et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 18, 2011.

The Lallis may rely on evidence other than Perez's motorcycle to prove that they did not cause the motor vehicle accident, including the police accident report and their insurer's inspections of other vehicles involved in the accident. Thus, Supreme Court providently exercised its discretion in denying that part of the Lallis' motion seeking to dismiss Perez's action (see Tommy Hilfiger, USA v Commonwealth Trucking,

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