June 17, 2015
Tepeu v. Nabrizny, et al.

Plaintiff, a pedestrian, alleged that negligent and/or insufficient snow removal by our client forced him off of a public sidewalk and onto a roadway where he was struck by a motor vehicle sustaining very serious personal injuries.  We filed a motion for summary judgment which was denied.  We thereafter appealed to the Second Deparment.  Based on our appellate brief and oral argument, the Second Department reversed the Supreme Court Suffolk County decision, granting our summary judgment motion, dismissing all claims against the insured.  The Court accepted our arguments that our client owed no duty of care and rejected plaintiff’s efforts to alter the record and fabricate such an issue.  In what appears to be the first appellate level decision on the subject in New York State, the Court agreed with our position that changes to deposition testimony in an errata sheet must be rejected when they fail to comply with the translator’s affidavit requirement imposed by CPLR § 2101(b).  The case was dismissed against the insured without payment of indemnity dollars.