Opinion
No. 1843.
October 25, 2007.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 12, 2007, which denied the motion by defendants Alamo and Rivera for summary judgment, unanimously affirmed, with costs.
Smith Mazure Director Wilkins Young Yagerman, P.C., New York (Louis H. Klein of counsel), for appellants.
Thomas W. Russo, P.C., Bronx, (Thomas W. Russo of counsel), for respondents.
Before: Tom, J.P., Saxe, Nardelli, Sweeny and Catterson, JJ.
The proof on defendants' motion consisted mainly of deposition transcripts of the passengers and the adverse codefendant driver, but did not sufficiently demonstrate who was liable for the accident ( see e.g. Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).