HERNANDEZ v. FAJARDO


298 A.D.2d 199 (2002)

748 N.Y.S.2d 44

ARLENE HERNANDEZ et al., Respondents, v. JAHAIRA FAJARDO et al., Respondents, and WILLIAM SPORTIELLO, Appellant.

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

Decided October 10, 2002.


Summary judgment was properly denied since triable issues exist as to whether defendant Sportiello was negligent when his vehicle struck the vehicle operated by defendant Fajardo from behind, or whether Sportiello was presented with an emergency situation when the Fajardo vehicle, which may have been attempting to avoid a collision with a third automobile, crossed over into the lane in which Sportiello's vehicle was travelling (see Caban v Vega, 226...

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