Odikpo v. American Transit, Inc.

*569Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about October 16, 2009, which, insofar as appealed from, in an action for personal injuries sustained in a multi-vehicle accident, denied defendants-appellants’ cross motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

The record shows that defendant-appellant Birke, while driving a vehicle owned by defendant-appellant DeFoe Corporation (collectively Birke), rear-ended defendant Gonzalez’s vehicle in the left lane of the highway, and that appellant…