Wood Smith Henning & Berman is proud to share the achievement of a significant appellate victory in the First Department of New York, securing a complete reversal of the lower court's decision. The team consisted of a group of talented attorneys including New York Co-Managing Partner James Tyrie; Partner Jennifer Provost; Senior Associate Lauren Davies; and Associate, Chloe Hassenfratz.
The appeal centered on the improper granting of summary judgment in favor of the plaintiff. Through briefing and oral advocacy, the team forcefully argued that the plaintiff's motion was premature and that the lower court failed to meaningfully consider critical evidence, including the plaintiff passenger's testimony and evidence of the plaintiff driver's illegal conduct.
In its decision, the First Department held that conflicting accounts of the accident, specifically the discrepancies between the plaintiff driver's deposition testimony and the defendant driver's affidavit, created triable issues of fact as to how the accident occurred. As a result, the court concluded that summary judgment on liability was improper.
"This decision reflects the First Department's careful attention to the evidentiary record and its recognition that summary judgment is inappropriate where competing versions of events exist," said Provost. "Our arguments focused on ensuring that the factual disputes in this case are resolved by a jury, where they belong."
The ruling carries meaningful practical consequences. Since summary judgment was vacated, the plaintiff is no longer entitled to two years of statutory interest, significantly altering the litigation posture and potential exposure. The case now proceeds with liability and damages to be determined at trial.
"This outcome not only levels the playing field going forward, but also reinforces the importance of holding plaintiffs to their burden of proof at every stage of litigation," Tyrie remarked. "The decision materially changes the case and allows the defense to fully present its liability and damages defense at trial."
This outcome underscores the value of precise appellate advocacy and rigorous attention to the evidentiary record in high stakes litigation.
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