Summary
reversing summary judgment for plaintiff where a third vehicle "crossed over two lanes of traffic . . . and cut in front of [the plaintiff's] car causing it to stop short"
Summary of this case from OZ v. LOROWITZOpinion
June 1, 1998
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is reversed, on the law, with one bill of costs, and the motion is denied.
The deposition testimony of the defendant Sai Loi Li sets forth a nonnegligent explanation for the collision between the front of the truck he operated and the rear of the car operated by the plaintiff Angie Galitsis-Orengo ( see, Maxwell v. Lobenberg, 227 A.D.2d 598; Glick v. Hittner Sons, 111 A.D.2d 150). Li testified that the vehicle owned and operated by Adalgisa Mejia crossed over two lanes of traffic as it was merging onto the westbound side of the Brooklyn Queens Expressway from the Long Island Expressway and cut in front of Galitsis-Orengo's car causing it to stop short. Under the circumstances of this case, there exists an issue of fact concerning the reasonableness of Li's conduct and his ability to avoid the collision ( see, Kuci v. Manhattan Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923; Barber v. Young, 238 A.D.2d 822; Varsi v. Stoll, 161 A.D.2d 590, 591).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.