Jaffe v. Davis

Order, Supreme Court, Bronx County (Anne Targum, J.), entered September 14, 1994, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

In a negligence case, summary judgment may not be appropriate even where the facts are uncontested (Garcia v J. C. Duggan, Inc., 180 AD2d 579, 580). As the IAS Court held, the conduct of the driver of appellant’s car in placing it in an open lane of traffic after rear-ending plaintiff’s car at a toll booth permits conflicting inferences whether such contributed "in any way”…