BRESLIN v. RIJ


259 A.D.2d 458 (1999)

686 N.Y.S.2d 91

CHRISTINE M. BRESLIN, Appellant, v. MICHAEL RIJ, Defendant, and ANTON'S CAR CARE CENTER, LTD., Doing Business as MOBIL, Respondent.

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

Decided March 1, 1999.


Ordered that the order is affirmed, with costs.

The plaintiff sustained physical injuries when a vehicle owned and operated by the defendant Michael Rij failed to stop at a red light and collided with her vehicle, allegedly due to brake failure. The brakes of the Rij vehicle had been serviced four days earlier by the defendant Anton's Car Care Center, Ltd. (hereinafter Anton's).

Anton's made a prima facie showing of its entitlement to judgment as a matter...

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