BOVT v. SUBARU AUTO LEASING, LTD.


50 A.D.3d 612 (2008)

854 N.Y.S.2d 761

BINA BOVT et al., Respondents, v. SUBARU AUTO LEASING, LTD., et al., Defendants, and TRIBORO SERVICES, INC., et al., Appellants.

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

Decided April 1, 2008.


Ordered that the order is affirmed, with costs to the respondents.

The defendants Triboro Services, Inc., the owner of the vehicle involved in the subject accident, and Clement Figuera, the driver of the vehicle, failed to sustain their initial burden of demonstrating the absence of a triable issue of fact as to whether Figuera exercised due care to avoid the accident under the circumstances that existed at the time it occurred (see CPLR 3212 [b]; Winegrad...

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