Rosenblatt v. Venizelos
Full Opinion (html_with_citations)
The only admissible evidence which the defendants submitted in opposition to the motion, Venizelos’ affidavit sworn to July 11, 2006, more than 15 months after the accident, failed to raise a triable issue of fact. The affidavit, in which Venizelos attested that the plaintiff walked into the side of his vehicle while talking on a cell phone, “heedless of traffic,” was a belated attempt by Venizelos to avoid the consequences of his earlier admission by raising a feigned issue which was insufficient to defeat the motion (see Abramov v Miral Corp., 24 AD3d at 398), particularly since he did not deny the accuracy of the police accident report (cf. Imamkhodjaev v Kartvelishvili, 44 AD3d 619, 620 [2007]). Moreover, “ ‘the defendants’ purported need to conduct discovery did not warrant denial of the motion since they already had personal knowledge of the relevant facts’ ” (Fenko v Mealing, 43 AD3d 856, 856 [2007], quoting Abramov v Miral Corp., 24 AD3d at 398). Spolzino, J.P., Santucci, Angiolillo and Balkin, JJ., concur.