Motion for Summary Judgment Denied on Issue of Proximate Cause

In an action to recover damages for personal injuries, the plaintiff appealed an order of the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment dismissing the complaint. The plaintiff allegedly was injured while walking in a bicycle lane when he came into contact with a vehicle owned by the defendant Lux Credit Consultants, LLC, and operated by the defendant Deondre Sergean. The defendants moved for summary judgment, arguing that the plaintiff’s conduct was the sole proximate cause of the accident. The Appellate Court disagreed, stating that the evidence the defendants submitted in support of their motion, viewed in the light most favorable to the plaintiff, failed to eliminate all triable issues of fact as to whether the defendant driver was free from fault in the happening of the accident. 

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