KARRAM v. CIRILLO (2001)

Supreme Court properly denied defendant's motion for summary judgment dismissing the amended complaint.   Defendant failed to meet his initial burden of establishing his entitlement to judgment as a matter of law.   The submissions of defendant in support of the motion raise triable issues of fact whether he activated his turn signal and whether he came to an abrupt stop without warning prior to the accident (see, Weber v. Chapman, 238 A.D.2d 946, 661 N.Y.S.2d 549;  Silvestro v. Wartella, 224 A.D.2d 799, 637 N.Y.S.2d 240;  Thorndike v. Coombes, 63 A.D.2d 843, 845, 406 N.Y.S.2d 197).

Order unanimously affirmed with costs.

MEMORANDUM: