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ISMAIL v. DIAL EXTERMINATING CORP.

199 A.D.2d 201 (1993)

608 N.Y.S.2d 61

Hossam Ismail et al., Plaintiffs, v. Dial Exterminating Corp. et al., Respondents and Third-Party Plaintiffs-Respondents. City of New York, Third-Party Defendant-Respondent. (Action No. 1.) Guillermo Villada et al., Respondents, v. City of New York et al., Respondents, and Ronald Eastman, Appellant Mansour Albelazim et al., Third-Party Plaintiffs, v. Nelson Valencia et al., Third-Party Defendants-Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

December 28, 1993

We find a triable issue of fact as to whether appellant's vehicle made impact with plaintiff's van, precluding summary judgment in this negligence action (see, Andre v Pomeroy, 35 N.Y.2d 361, 364-365), and note that neither side submitted admissible documentary evidence in support of their respective positions (see, Canty v New York City Health & Hosps. Corp., 158 A.D.2d 271

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