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FIGUEROA v. CADBURY UTIL. CONSTR. CORP.

239 A.D.2d 285 (1997)

657 N.Y.S.2d 422

Maria Figueroa, Respondent, v. Cadbury Utility Construction Corp. et al., Appellants

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

May 27, 1997

Defendant's affidavit, asserting that he was cut off by plaintiff's automobile, raises issues sufficient to defeat summary judgment (cf., Lenahan v Goucher, 65 N.Y.2d 1034, revg on dissenting mem 111 A.D.2d 546, 548; Borgesano v Hertz Corp., 69 A.D.2d 894

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