Opinion
April 10, 1995
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiffs' motion as the defendant came forward with sufficient evidence of the plaintiff-driver's negligence to raise an issue of fact regarding the comparative fault of the parties (see, Nitzke v Loveland, 188 A.D.2d 1058; compare, Crociata v Vasquez, 168 A.D.2d 410; Benjarko v Avis Rent A Car Sys., 162 A.D.2d 572). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.