Gomez v Khatib

Holding The Appellate Division reversed the lower court’s grant of summary judgment in favor of the driver and Lyft defendants because the plaintiff raised a triable issue of fact regarding a potential impact with a third vehicle. The defendants failed to establish their freedom from negligence as a matter of law due to conflicting accounts of the number of impacts involved in the accident.

The court’s words

Muhibbullah and the Lyft defendants failed to establish Muhibbullah's freedom from negligence with respect to the alleged impact with Perez's vehicle

2026 NY Slip Op 06419, at the official text

it cannot be said as a matter of law that Muhibbullah and the Lyft defendants did not contribute to the accident or the plaintiff's injuries

2026 NY Slip Op 06419, at the official text

Since there were conflicting accounts as to the number of impacts, and since Muhibbullah and the Lyft defendants failed to establish Muhibbullah's freedom from negligence

2026 NY Slip Op 06419, at the official text