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BLACKSTOCK v. ACCEDE INC.

151419/17. Appeal No. 13787. Case No. 2020-04462.

194 A.D.3d 476 (2021)

148 N.Y.S.3d 443

2021 NY Slip Op 02980

Kim Blackstock, Respondent, v. Accede Inc. et al., Defendants, and BP America Inc. et al., Appellants.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Clark & Fox, New York ( Megan K. Foster of counsel), for appellants.

Sacco & Fillas, L.L.P., Astoria ( David Silverman of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

Supreme Court properly denied BP's motion for summary judgment. BP acknowledged on reply that the affidavit from the Regional Account Executive (RAE) they submitted in support of their motion did not have actual knowledge of the facts regarding the accident due to the fact that he was not the RAE for the gas station where plaintiff alleges he tripped and fell on a raised gas cap on the date of incident (see Lebron v Napa Realty...

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