Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.

The plaintiff, a bicyclist, collided with an open door of a delivery van. The plaintiff filed a motion for summary judgment on the issue of liability and dismissal of the defendants’ comparative negligence defense based on his own affidavit consisting of his testimony regarding his recollection of the accident. 

On appeal, the Supreme Court of New York, Appellate Division, concluded the defendants raised a triable issue of fact as to whether Stewart (the driver of the van) engaged in any negligent conduct that was a substantial factor in causing the accident. The defendants did so by submitting their own affidavit regarding the facts of the accident in responding to the motion for summary judgment. 
 

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