Opinion
7368.
December 13, 2005.
Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 7, 2004, which denied defendant-appellant's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
Before: Tom, J.P., Marlow, Gonzalez and Sweeny, JJ., concur.
The parties' conflicting deposition testimony raises triable issues of fact with respect to the details of this three-car motor vehicle accident, and whether defendant-appellant could have avoided the impact by taking evasive action or reducing speed, thus precluding summary judgment in his favor based upon the applicability of the emergency doctrine ( see Raposo v. Raposo, 250 AD2d 420).