Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.
PRESENT: PINE, J.P., HAYES, WISNER AND LAWTON, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following
Memorandum:
Supreme Court erred in denying the motion of Suzanne M. Crane (defendant) for summary judgment dismissing the complaint and cross claims against her. Defendant established her entitlement to judgment as a matter of law, and neither plaintiffs nor the remaining defendants raised a triable issue of fact whether she was negligent in the operation of her vehicle ( see, Betts v. Marecki, 247 A.D.2d 916). We therefore modify the order by granting the motion of defendant and dismissing the complaint and cross claims against her.