Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment on the issue of liability and pursuant to CPLR 3211 (b) to dismiss the defendants' second and third affirmative defenses alleging comparative negligence is denied.
The plaintiff allegedly sustained personal injuries when her vehicle was struck on the passenger side by a vehicle driven by the defendant Mary T. Hubert (hereinafter the defendant driver) at the intersection...
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