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NOTICE OF ENTRY Order with Notice of Entry

Document TAREK ALNASHAR v. BRANDON K. JEFFRIES et al, 708815/2024, 41 (N.Y. Sup. Ct., Queens County Nov. 26, 2024)

The following papers numbered EF 12-31 read on this motion by Plaintiff for an order pursuant to CPLR § 3212 granting partial summary judgement on the issue of liability against Defendants BRANDON K. JEFFRIES, VW CREDIT INC. and AUDI LYNBROOK, dismissing defendants BRANDON K. JEFFRIES, VW CREDIT INC. and AUDI LYNBROOK’s affirmative defenses based on contributory negligence and emergency situation.

When seeking an Order of Summary Judgment, the proponent must show that they have eliminated all triable issues of fact (see, Friends of Animals, Inc., v. Associated Fur Mfrs., 46 N.Y.2d 1065 [1979]; Orwell Bldg.

Defendants must now come forward with competent admissible evidence sufficient to raise a triable issue of fact (see Friends of Animals, Inc., id at 1068).

On a motion for summary judgment ... self-serving statements of an interested party which refer to matters exclusively within that party's knowledge create an issue of credibility which should not be decided by the court but should be left for the trier of facts" (Town & Country Adult Living, Inc. v Hearth at Mount Kisco, 2021 NY Slip Op 30519[U], *11 [Sup Ct, NY County 2021]; Sacher v. Long Island Jewish-Hillside Medical Center, 142 AD2d 567, 568, 530 N.Y.S.2d 232 [2d Dept 1988]; accord Mills v Niagara Frontier Transp.

Auth., 163 AD3d 1435, 1438, 80 N.Y.S.3d 824 [4th Dept 2018]; Nahar v Gulati, 946 N.Y.S.2d 67, 33 Misc 3d 1233[A], 2011 NY Slip Op 52230[U], *1 [Sup Ct, NY County 2011]; see also John R. Higgitt, Supplementary Practice Commentary, McKinney's Cons.

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ORDER - SUMMARY JUDGMENT - Denied

Document TAREK ALNASHAR v. BRANDON K. JEFFRIES et al, 708815/2024, 40 (N.Y. Sup. Ct., Queens County Nov. 25, 2024)

The following papers numbered EF 12-31 read on this motion by Plaintiff for an order pursuant to CPLR § 3212 granting partial summary judgement on the issue of liability against Defendants BRANDON K. JEFFRIES, VW CREDIT INC. and AUDI LYNBROOK, dismissing defendants BRANDON K. JEFFRIES, VW CREDIT INC. and AUDI LYNBROOK’s affirmative defenses based on contributory negligence and emergency situation.

When seeking an Order of Summary Judgment, the proponent must show that they have eliminated all triable issues of fact (see, Friends of Animals, Inc., v. Associated Fur Mfrs., 46 N.Y.2d 1065 [1979]; Orwell Bldg.

Defendants must now come forward with competent admissible evidence sufficient to raise a triable issue of fact (see Friends of Animals, Inc., id at 1068).

On a motion for summary judgment ... self-serving statements of an interested party which refer to matters exclusively within that party's knowledge create an issue of credibility which should not be decided by the court but should be left for the trier of facts" (Town & Country Adult Living, Inc. v Hearth at Mount Kisco, 2021 NY Slip Op 30519[U], *11 [Sup Ct, NY County 2021]; Sacher v. Long Island Jewish-Hillside Medical Center, 142 AD2d 567, 568, 530 N.Y.S.2d 232 [2d Dept 1988]; accord Mills v Niagara Frontier Transp.

Auth., 163 AD3d 1435, 1438, 80 N.Y.S.3d 824 [4th Dept 2018]; Nahar v Gulati, 946 N.Y.S.2d 67, 33 Misc 3d 1233[A], 2011 NY Slip Op 52230[U], *1 [Sup Ct, NY County 2011]; see also John R. Higgitt, Supplementary Practice Commentary, McKinney's Cons.

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