Case: Motor Vehicle Collision
Counsel: Alice Spitz, Marcy Sonneborn
Headline: Dismissal of Bronx Case Affirmed by First Department
Result: Case against defendant dismissed on strength of photos
Alice Spitz and Marcy Sonneborn were successful in both having a motor vehicle accident case dismissed in the Bronx Supreme Court and then affirmed on appeal in the Appellate Division, First Department. The photographic evidence showed that the plaintiff’s vehicle merged into the defendant truck’s lane of travel, and the truck’s tires showed that the truck remained in its lane without changing course. The conclusion was that the plaintiff’s vehicle hit the truck in the rear. The plaintiff unsuccessfully argued that the photographs did not show the position of the vehicles prior to impact, however, only one of the five justices believed that this argument raised a question of fact. The case was dismissed with four judges affirming and one dissenting.
See Castro v Fazil Hatim et al, decided App. Div., First Dep’t, July 16, 2019.