Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court, upon renewal, properly adhered to its original determination denying the appellant's motion for summary judgment on the issue of liability. The appellant, the only survivor of the four occupants in a vehicle involved in a motor vehicle accident, demonstrated his prima facie entitlement to summary judgment by evidence showing that he was not the driver of the vehicle...
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