Opinion
April 2, 1998
Appeal from Supreme Court, Bronx County (Howard Silver, J.).
We agree with the IAS Court that issues of fact preclude summary judgment in defendant's favor, including whether defendant, whose car was stopped on a curved bridge entrance ramp after getting into accident with a nonparty's vehicle, was negligent in not pushing his vehicle to the side of the road and in not using his flashing signals (see, 34 RCNY 4-07 [b] [1]; 4-08 [8]; Vehicle and Traffic Law § 1163 [e]; Osowicki v. Engert, 85 A.D.2d 778), and, if so, whether such negligence was a proximate cause of the accident (see, Daly v. City of New York, 235 A.D.2d 249; Hyland v. Calace, 244 A.D.2d 318).
Concur — Ellerin, J.P., Wallach, Williams, Mazzarelli and Andrias, JJ.