Judgment unanimously reversed on the law without costs and new trial granted in accordance with the following Memorandum: Supreme Court properly granted partial summary judgment on liability in plaintiff's favor and properly imposed a monetary sanction pursuant to CPLR 8303-a for the unjustified continuance of frivolous defenses. Defendant Craig admitted that he momentarily took his eyes off the road and traffic ahead as he reached down to retrieve a package that had fallen...
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