HUDSON v. Maria Vecchio, defendant-appellant, et al., defendant. (1999)

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

Florence HUDSON, plaintiff-respondent, v. Timothy E. COLE, defendant-respondent, Maria Vecchio, defendant-appellant, et al., defendant.

Decided: August 16, 1999

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN and SANDRA J. FEUERSTEIN, JJ.

Lewis, Johs, Avallone, Aviles & Kaufman, Melville, N.Y. (Allison C. Shields of counsel), for defendant-appellant. Jacoby & Meyers, Melville, N.Y. (Linda T. Armatti-Epstein of counsel), for plaintiff-respondent. Frank V. Merlino, Hauppauge, N.Y. (Arthur B. Colligan of counsel), for defendant-respondent.

In a negligence action to recover damages for personal injuries, the defendant Maria Vecchio appeals from an order of the Supreme Court, Suffolk County (D'Emilio, J.), dated August 5, 1998, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.

ORDERED that the order is affirmed, with one bill of costs.

The appellant failed to demonstrate her entitlement to judgment as a matter of law (see, Sanford v. Stillitano, 241 A.D.2d 489, 660 N.Y.S.2d 67). There was conflicting evidence as to how the instant three-vehicle, rear-end, chain-reaction collision occurred, including evidence suggesting that there were multiple impacts. Accordingly, the court correctly denied the appellant's motion (see, Sanford v. Stillitano, supra; Omrami v. Socrates, 227 A.D.2d 459, 642 N.Y.S.2d 932; Cofrancesco v. Murino, 225 A.D.2d 648, 639 N.Y.S.2d 471).

MEMORANDUM BY THE COURT.

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