Opinion
3328.
Decided April 8, 2004.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 21, 2003, which, in an action for personal injuries sustained when defendants' vehicle struck plaintiff's vehicle in the rear, denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Jay S. Hausman, for Plaintiff-Appellant.
Donald N. MacKenzie, for Defendants-Respondents.
Before: Nardelli, J.P., Sullivan, Williams, Friedman, Marlow, JJ.
Defendant driver's affidavit raises issues of fact as to whether plaintiff swerved her vehicle in front of his vehicle and abruptly stopped short, leaving him too little space to safely react and avert a collision ( see Evans v. Fox Trucking, 309 A.D.2d 618; Singh v. Sanders, 286 A.D.2d 256).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.