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CROCE v. BUDGET RENT-A-CAR CORPORATION

7 A.D.3d 748 (2004)

776 N.Y.S.2d 899

ROSARIO CROCE et al., Respondents, v. BUDGET RENT-A-CAR CORPORATION, Respondents, and MANUEL M. CHAUCA, Appellant. (And Other Actions.)

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

May 24, 2004.

Ordered that the order is affirmed, with costs.

The defendant Manuel M. Chauca failed to establish his prima facie entitlement to judgment as a matter of law by demonstrating that he was free from negligence and that his actions were not a proximate cause of the accident (see Siegel v Sweeney, 266 A.D.2d 200, 201 [1999]). Accordingly, the Supreme Court properly denied his motion for summary...

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