POLANCO v. CITY OF NEW YORK


244 A.D.2d 322 (1997)

665 N.Y.S.2d 534

Raphael Polanco, Respondent, v. City of New York et al., Appellants

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

November 3, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff made out a prima facie case for summary judgment. The defendants' submissions failed to create a triable issue of fact with respect to the claim that the codefendant Louis Magrino lost control of his New York City Department of Sanitation truck and collided into the plaintiff's stationary vehicle because of some kind of unexplained or sudden mechanical failure (see, e.g....

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