Opinion
Argued March 14, 2000.
April 24, 2000.
In an action to recover damages for personal injuries, etc., the defendant Thrifty Paper Co., Inc., appeals from so much of an order of the Supreme Court, Nassau County (McCabe, J.), entered December 31, 1998, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it, and the defendant E. E. Cruz Company, Inc., separately appeals from the same order.
Ronan, McDonnell Kehoe, Melville, N.Y. (George W. Clarke of counsel), for appellant Thrifty Paper Co., Inc.
Harry Organek, Roslyn, N.Y., for respondents.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal by the defendant E. E. Cruz Company, Inc., is dismissed as withdrawn; and it is further,
ORDERED that the order is affirmed insofar as reviewed, with costs.
Contrary to the contention of the defendant Thrifty Paper Co., Inc. (hereinafter Thrifty), its cross motion for summary judgment was properly denied (see, Sanford v. Stillitano, 241 A.D.2d 489 ). After Thrifty established its prima facie entitlement to summary judgment, the plaintiff, in opposition, adduced evidence in admissible form raising issues of fact as to whether Thrifty's tractor-trailer truck collided with the rear of a vehicle owned by the defendant R D; Mechanical Co., which may have caused or contributed to the alleged injuries suffered by the plaintiff Bernadette DeFalco in this chain-reaction mutli-vehicle accident (see, Poll v. Mallah, 267 A.D.2d 442 [2d Dept., Dec. 27, 1999]; Hudson v. Cole, 264 A.D.2d 439 ; Suleiman v. Speedling, 262 A.D.2d 397 ; Sanford v. Stillitano, supra; Omrami v. Socrates, 227 A.D.2d 459 ; Cofrancesco v. Murino, 225 A.D.2d 648 ; Acampora v. Davis, 203 A.D.2d 399 ).
Thrifty's remaining contentions are without merit.