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J.Z. v. SALERNO

Index No. 22087/19E. Appeal No. 14259. Case No. 2020-05032.

198 A.D.3d 415 (2021)

152 N.Y.S.3d 300

2021 NY Slip Op 05290

J.Z., an Infant, by His Mother and Natural Guardian, Priscilla M. Feican, et al., Respondents, v. Vincenzo Salerno et al., Appellants.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Hagelin Spencer LLC, Garden City ( Louis T. Cornacchia III of counsel), for appellants.

The Law Office of Judah Z. Cohen, PLLC, Woodmere ( Judah Z. Cohen of counsel), for respondents.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

The court properly denied the motion of defendants Vincenzo Salerno and Angela M. Salerno for summary judgment. Defendants failed to meet their initial burden to show that there existed no triable issue of fact, in light of the parties' conflicting accounts as to how the accident occurred (see G.G.N. v Ramos, 171 A.D.3d 619, 621 [1st Dept 2019]; Martinez v Clean Air Car Serv. & Parking Branch One, LLC,

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