Opinion
February 6, 1996
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
As plaintiff concedes, the order granting him partial summary judgment was erroneous. Notwithstanding the fact that defendants' vehicle struck plaintiff's in a rear-end collision, a triable issue of fact exists as to whether plaintiff's operation of his vehicle caused or contributed to the accident ( see, Migdol v Striker, 215 A.D.2d 358). Additionally, defendants' liability should be considered and determined simultaneously with the material, and overlapping, issue of whether the plaintiff was also culpable ( see, Enker v. Slattery Constr. Co., 34 A.D.2d 673).
Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.