PEKAR v. ABRO SERV., INC.


245 A.D.2d 139 (1997)

666 N.Y.S.2d 158

William Pekar, Respondent, v. Abro Service, Inc., et al., Defendants, and NYRAC, Inc., Doing Business as Budget Rent a Car, et al., Appellants. Edward Longo, Respondent, v. Abro Car Service, Inc., et al., Defendants, and NYRAC, Inc., et al., Appellants

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

December 16, 1997


We agree with the motion court that issues of fact are raised by the deposition testimony of appellants' own witness, also a defendant, that before colliding with the cab in which plaintiffs were passengers, he was traveling in the left lane in the same direction as the cab and observed it, from as far away as three car lengths, veer from the center lane toward the right lane, cutting off another car, and then veer back towards the left lane to make a sudden U-turn. Such...

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