Opinion
September 30, 1985
Appeal from the Supreme Court, Nassau County (Kelly, J.).
Order affirmed, with costs to respondents.
Special Term properly granted the Sokolows' motion for summary judgment since plaintiffs have failed to establish a genuine issue of fact with respect to whether the Sokolows' alleged negligence was a proximate cause of the accident in question (see, Lomnitz v Town of Woodbury, 81 A.D.2d 828). It was not error for Special Term to deny summary judgment sua sponte to defendant Barnum since issues of fact exist as to her. Whether plaintiff Elizabeth Davis and/or defendant Barnum were solely or partially at fault cannot be determined from the record as it now stands. Mangano, J.P., Rubin, Lawrence and Eiber, JJ., concur.