MMP&S partners Lynsay Dyszler and Sarah Ziolkowski secured a complete reversal of a lower court order that denied a motion for summary judgment on the threshold issue of liability on behalf of the client automobile driver. The New York State Appellate Division, Second Department, held that MMP&S established a prima facie case of entitlement to judgment as a matter of law, and that plaintiff and co-defendants failed to raise a triable issue of fact as to whether the driver was negligent in the happening of the accident. Notably, the Court held that the documentary evidence and testimony submitted by MMP&S in support of its motion established that the client was not the proximate cause of the accident, that co-defendant negligently drove his vehicle into the client’s vehicle, and that co-defendant’s actions were the sole proximate cause of the accident.

Practice Areas: Appellate Practice, Auto & Transportation