Opinion
May 26, 1992
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Summary judgment will not be granted where a movant has not established a prima facie entitlement thereto (Carrini v Supermarkets Gen. Corp., 158 A.D.2d 303). Where questions of fact are evident, summary judgment is inappropriate (CPLR 3212 [b]; Museums at Stony Brook v. Village of Patchogue Fire Dept., 146 A.D.2d 572).
Here, the plaintiff alleges that his motorcycle collided with the defendant's automobile when the defendant made a U-turn across a double yellow line. To be determined at a trial are issues of fact concerning, inter alia, the respective speeds of both vehicles, whether the operators saw what was there to be seen, and whether the accident could have been avoided. Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.