DEPT OF ED FAILED “TO RAISE A TRIABLE ISSUE OF FACT”
After the driver of a bus owned by the New York City Department of Education reversed into FA’s parked car, the latter filed a personal injury case with the Kings County Supreme Court seeking compensation for his injuries.
When motion practice later ensued, the judge granted F.A.’s motion for summary judgment and found the defendants liable for what transpired.
On appeal, the Appellate Division, Second Department, noted that the F.A. showed a “prima facie entitlement to judgment as a matter of law,” and that the defendants “failed to raise a triable issue of fact.” Among other things, while the bus driver’s affidavit, which was signed two years after the accident, claimed that F.A. wasn’t in his vehicle when it was hit, that assertion contradicted the accident report which had been signed by the same bus driver two days after the incident.
Given that “feigned issue of fact,” the AD2 left the liability finding (in F.A.’s favor) undisturbed.
No feigning that.
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