| Messana v Rallo |
| 2008 NY Slip Op 01309 [48 AD3d 523] |
| February 13, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Angelina Messana et al., Appellants, v Salvatore A. Rallo, Respondent. |
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Martyn, Toher & Martyn, Mineola, N.Y. (Christine J. Hill of counsel), for
respondent.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
In response to the defendant's showing of his entitlement to summary judgment dismissing the complaint, the plaintiffs raised a triable issue of fact as to whether the defendant was negligent and, if so, whether his actions were a proximate cause of the accident (see Exime v Williams, 45 AD3d 633 [2007]; Croce v Budget Rent-A-Car Corp., 7 AD3d 748 [2004]; Siegel v Sweeney, 266 AD2d 200, 202 [1999]). Accordingly, the motion for summary judgment should have been denied (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Mastro, J.P., Skelos, Florio and Dickerson, JJ., concur.