Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Supreme Court erred in denying plaintiffs' motion for partial summary judgment on the issue of liability. It is well settled that "[a] defense which only alleges that the defendant saw the plaintiff's vehicle [lawfully stopped] * * * that the brakes of the vehicle were applied, but the vehicle nevertheless slid or skidded into the plaintiff's vehicle due to the wet condition...
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