Diaz v DeJesus

Holding Summary judgment was properly granted to the defendant because he demonstrated the absence of a triable issue of fact regarding his negligence by testifying that his car was stopped at an intersection when sideswiped. The defendants’ failure to raise a material issue of fact, despite conflicting accounts of the accident’s location, did not preclude judgment.

The court’s words

he demonstrated the absence of a triable issue of fact as to his negligence through his deposition testimony

2026 NY Slip Op 05469, at the official text

the testimony that DeJesus' car was stopped at the intersection at the time it was sideswiped was unrefuted

2026 NY Slip Op 05469, at the official text

this discrepancy has no bearing on DeJesus' alleged negligence

2026 NY Slip Op 05469, at the official text