SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
October 23, 1969
HORACE BULLARD, RESPONDENT,
EDWARD GRAHAM ET AL., APPELLANTS
Concur -- Eager, J. P., Capozzoli, McGivern, Nunez and Bastow, JJ.
The proof submitted by plaintiff discloses that the automobile owned by defendant husband was caused to move forward and strike the rear of plaintiff's vehicle by the act of the co-defendant in inadvertently hitting the accelerator with her foot. The proof is unclear, however, as to which defendant at the time was operating the vehicle. A triable issue is presented as to the negligence, if any, of defendants (cf. Feldman v. Lashine, 10 N.Y.2d 964).
Order entered May 8, 1968, unanimously modified, on the law, to the extent of denying plaintiff's motion for summary judgment against defendants and, as so modified, affirmed, without costs and without disbursements.
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