RUTH C. BALKIN
Affirmed.
Subin Associates, LLP, New York, N.Y. (Robert J. Eisen of counsel), for appellant. Goldberg Segalla LLP, Garden City, N.Y. (Brendan T. Fitzpatrick, Emilio F. Grillo, and Karen Saab–Dominguez of counsel), for respondents.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, and BETSY BARROS, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated February 13, 2014, which denied his motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
In a personal injury action, to prevail on a motion for summary judgment on the issue of liability, a plaintiff has the burden of establishing, prima facie, not only that the defendant was negligent, but that the plaintiff was free from comparative fault ( see Thoma v. Ronai, 82 N.Y.2d 736, 737, 602 N.Y.S.2d 323, 621 N.E.2d 690; Gorenkoff v. Nagar, 120 A.D.3d 470, 990 N.Y.S.2d 604; Pollack v. Margolin, 84 A.D.3d 1341, 1342, 924 N.Y.S.2d 282), since there can be more than one proximate cause of an accident ( see Adobea v. Junel, 114 A.D.3d 818, 980 N.Y.S.2d 564; Allen v. Echols, 88 A.D.3d 926, 931 N.Y.S.2d 402).
Here, the plaintiff established his entitlement to judgment as a matter of law by submitting his affidavit, which demonstrated, prima facie, that the defendant driver was negligent in suddenly pulling his vehicle out of a parking spot, without warning, into a lane of moving traffic, striking the plaintiff's vehicle, and that the defendant driver's negligence was the sole proximate cause of the accident ( see Calandra v. Dishotsky, 244 A.D.2d 376, 664 N.Y.S.2d 95; see also Smalls v. Adams, 118 A.D.3d 693, 987 N.Y.S.2d 86; Jacino v. Sugerman, 10 A.D.3d 593, 781 N.Y.S.2d 663). In opposition, the defendants submitted the affidavit of the defendant driver, which provided a conflicting version of the facts surrounding the accident. Under these circumstances, a triable issue of fact exists as to whether the plaintiff was comparatively at fault ( see generally Incle v. Byrne–Lowell, 115 A.D.3d 709, 981 N.Y.S.2d 617; Singh v. Thomas, 113 A.D.3d 748, 978 N.Y.S.2d 865; Ortiz v. Hub Truck Rental Corp., 82 A.D.3d 725, 918 N.Y.S.2d 156; Anyanwu v. Johnson, 276 A.D.2d 572, 714 N.Y.S.2d 882). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability.