Opinion
Submitted October 13, 1999
December 2, 1999
In a negligence action to recover damages for personal injuries, etc., the defendants Town of Ossining and Josette J. Polzella appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 2, 1998, as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Rachelle D. Cohen, Valhalla, N.Y. (Susan B. Owens of counsel), for appellants.
Richard V. Licata, New York, N.Y., for plaintiffs-respondents (no brief filed).
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The submission of the police accident report containing a diagram of the accident scene prepared by a State Trooper from his personal observations, and the injured plaintiff's testimony that she felt three impacts to her vehicle, constitute competent evidence sufficient to raise a triable issue of fact as to whether the vehicle owned and operated by the appellants came into contact with the vehicle owned and operated by the injured plaintiff (see,Matter of Travelers Indem. Co. v. Morales, 188 A.D.2d 350 ; Bracco v. MABSTOA, 117 A.D.2d 273, 277 ; Wiseman v. American Motors Sales Corp., 103 A.D.2d 230 ; Flynn v. MABSTOA, 94 A.D.2d 617, aff'd 61 N.Y.2d 769 ;Campbell v. MABSTOA, 81 A.D.2d 529; Heiney v. Pattillo, 76 A.D.2d 855 ;Clarke v. Nadel, 50 A.D.2d 851, 852 ; Lee v. De Carr, 36 A.D.2d 554 ).
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.