Opinion
November 6, 1997
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
In this action arising from injuries plaintiff sustained when her car became disabled on a highway and was struck from behind, issues of fact exist that preclude the granting of summary judgment in favor of defendant-appellant JN Service Station. Such issues include whether negligent repairs to plaintiff's vehicle caused the breakdown so as to create the hazard of a collision with another vehicle, and, if so, whether such negligence was a proximate cause of plaintiff's injuries (see, Betancourt v. Manhattan Ford Lincoln Mercury, 195 A.D.2d 246, appeal dismissed 84 N.Y.2d 932; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308).
Concur — Nardelli, J. P., Mazzarelli, Andrias and Colabella, JJ.