FIGUEROA v. CADBURY UTILITY CONSTRUCTION CORP (1997)

Supreme Court, Appellate Division, First Department, New York.

Maria FIGUEROA, Plaintiff-Respondent, v. CADBURY UTILITY CONSTRUCTION CORP., et al., Defendants-Appellants.

Decided: May 27, 1997

Before MURPHY, P.J., and ROSENBERGER, WALLACH, TOM and ANDRIAS, JJ.

Ilene H. Cohen, for Plaintiff-Respondent. Terrence Grifferty, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered February 5, 1996, which, in a rear-end automobile accident case, granted plaintiff's motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

Defendant's affidavit, asserting that he was cut off by plaintiff's automobile, raises issues sufficient to defeat summary judgment (cf., Lenahan v. Goucher, 65 N.Y.2d 1034, 494 N.Y.S.2d 293, 484 N.E.2d 656, revg. on dissenting mem at 111 A.D.2d 546, 548, 489 N.Y.S.2d 418; Borgesano v. Hertz Corp., 69 A.D.2d 894, 415 N.Y.S.2d 885).

MEMORANDUM DECISION.

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