Sklarz v. Crabtree
Opinion of the Court
Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 13, 2006,
Plaintiffs decedent was killed in an automobile accident while riding in a vehicle operated by his wife, defendant Sara Crabtree. The contradictory statements of Mrs. Crabtree, the sole surviving witness to the accident, respecting the accident’s attendant circumstances and cause do no more than raise triable issues not amenable to resolution on a summary judgment motion (see Carlos v Rochester Gen. Hosp., 163 AD2d 894 [1990]). Accordingly, plaintiffs motion for summary judgment as to liability as against the Crabtree defendants should have been denied. On the other hand, the City’s motion for summary judgment was properly granted. Although plaintiff contends that faulty lighting or signage contributed to the accident, there was no evidence to that effect (see Cappolla v City of New York, 302 AD2d 547, 549-550 [2003], lv denied 100 NY2d 511 [2003]; Michetti v City of New York, 184 AD2d 263 [1992]).
Post-note of issue discovery was properly denied defendant Crabtree Motors in light of the absence of unusual or unanticipated circumstances warranting such relief (see 22 NYCRR 202.21 [d]; Bojkovic v JLT Assoc., 278 AD2d 46 [2000]; Karr v Brant Lake Camp, 265 AD2d 184 [1999]). Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.