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NANCY YAZICIYAN, Plaintiff-Respondent, v. VINCENZO BLANCATO, et al., Defendants-Respondents. LINDA MEISLER and PENSKE TRUCK LEASING, et al., Defendants-Appellants. [And Another Action]

In light of the deposition testimony of the driver of one of the vehicles involved in the series of collisions underlying this personal injury action to the effect that the tractor-trailer driven by defendant Sullivan hit one or more of the group of vehicles that had already collided, which group included the vehicle driven by plaintiff, defendant-appellants, as summary judgment movants, failed to carry their initial burden to demonstrate the absence of any triable issue of fact respecting whether Sullivan's operation of his truck was a proximate cause of plaintiff's harm (see, Ratanee Jewelry, Inc. v. Art Jewelry Ctr., Inc., 253 A.D.2d 591). The deponent's arguably inconsistent testimony elsewhere in his deposition merely presents a credibility issue properly left for the trier of fact (see, Meyer v. Moreno, 258 A.D.2d 315, 316, 685 N.Y.S.2d 218, 219-220).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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YAZICIYAN v. BLANCATO
(Dec 21, 1999)