Appellate Division of the Supreme Court of New York, 2003

Langhorn v. K. Solo Service Corp.

Langhorn v. K. Solo Service Corp.
Appellate Division of the Supreme Court of New York · Decided February 25, 2003
302 A.D.2d 307; 754 N.Y.S.2d 873; 2003 N.Y. App. Div. LEXIS 1707
Langhorn v. K. Solo Service Corp.

Opinion of the Court

Order, Supreme Court, Bronx County (Howard Silver, J.), entered August 23, 2001, which, inter alia, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

*308Appellants’ motion for summary judgment was properly denied since the parties’ conflicting testimony raises a material question of fact as to whether the appellants were negligent in the operation of their car, and as to whether any such negligence proximately caused the chain reaction collision in which plaintiff was allegedly injured (see Niemiec v Jones, 237 AD2d 267). Concur — Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin and Gonzalez, JJ.

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