Walsh v Singho

Holding The Appellate Division reversed the summary judgment granted to the defendants, finding that the dashboard video and affidavits raised triable issues of fact regarding whether the defendant driver failed to yield and whether that failure was a proximate cause of the accident. The court determined that the police report and officer’s testimony were insufficient to establish the absence of fault.

The court’s words

Singho and Spectrum failed to make a prima facie showing of entitlement to summary judgment

2026 NY Slip Op 06568, at the official text

The evidence they submitted failed to eliminate all triable issues of fact as to the proximate cause

2026 NY Slip Op 06568, at the official text

the evidence does not establish why Singho failed to yield to this hazard that he said he had noticed

2026 NY Slip Op 06568, at the official text

Sabovic's affidavit, in combination with the video evidence, raises triable issues of fact as to whether Singho failed to yield

2026 NY Slip Op 06568, at the official text

the police accident report and the responding police officer's testimony did not constitute competent evidence establishing that Singho was not at fault

2026 NY Slip Op 06568, at the official text