| Parra v Jones |
| 2007 NY Slip Op 04046 [40 AD3d 326] |
| May 10, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Franchesca Parra, an Infant, by Her Parent and Natural Guardian, Franciso Parra, et al., Respondents, v Kinyetta Jones et al., Respondents, and Martha Gonzalez, Appellant. |
—[*1]
Akin & Smith, LLC, New York (Ismail S. Sekendiz of counsel), for Parra respondents.
Kay & Gray, Westbury (Chris Katechis of counsel), for Kinyetta Jones and Tiesha Kierre Wrenn, respondents.
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 26, 2006, which, insofar as appealed from, denied defendant-appellant's motion for summary judgment dismissing the complaint and any cross claims as against her, unanimously affirmed, without costs.
The parties' conflicting accounts of the motor vehicle accident raise triable issues of fact, including whether appellant negligently moved out of her lane of traffic or could have taken evasive action to avoid impact with a stopped vehicle (see Tossas v Ponce, 24 AD3d 224 [2005]). Concur—Mazzarelli, J.P., Andrias, Saxe, Sweeny and Malone, JJ.