Opinion
January 21, 1971
Order, Supreme Court, Bronx County, entered on April 29, 1970, as resettled and entered on May 27, 1970, granting plaintiff's motion for summary judgment and directing an assessment of damages, in this personal injury action, unanimously reversed, on the law, without costs and without disbursements, and the motion denied. Under the circumstances of this case summary judgment may not be granted. There is an issue as to whether the plaintiff properly controlled his automobile when the taxicab, which was in front of him, made a left turn. Was the plaintiff's action in bringing his automobile to a sudden stop unavoidable on his part, or did he fail to exercise proper care? Further, did the actions of the plaintiff contribute in any way to the collision between his automobile and the defendants' truck? These questions, and others which may arise, can only be answered by a trial.
Concur — Stevens, P.J., Capozzoli, Nunez and McNally, JJ.