Opinion
February 16, 1999
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court correctly determined that issues of fact with regard to whether the plaintiff Courtney E. Finnegan was faced with a sudden and unexpected circumstance, possibly created by the defendants' negligence, precluded a grant of summary judgment at this juncture (see, Kuci v. Manhattan Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923, 924; Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 327; Barber v. Young, 238 A.D.2d 822; Caban v. Vega, 226 A.D.2d 109, 111).
Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.