Appellate Division Grants Summary Judgment on Liability, Finding Supreme Court’s Denial was Error and an Abuse of Discretion

Connor overcame several procedural hurdles to win this appeal resulting in summary judgment granted to our client on the issue of liability. In a unanimous decision, the First Department Appellate Division granted Connor’s appeal in its entirety. The Appellate Division adopted Connor’s arguments that the judge in the lower court abused her discretion in finding that our motion was late and in disallowing a liability motion after a threshold motion on the issue of serious injury had been made. The Appellate Division also adopted Connor’s argument on the merits that the codefendant was solely responsible for the motor vehicle accident and there is no admissible evidence that our client was negligent. Rotante v. Advance Transit Co., Inc. 148 A.D.3d 423, 49 N.Y.S.3d 391 (1st Dept. 2017).

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