Lewis v. Konan

Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 22, 2005, which granted the motion by defendant Konan and the cross motion by defendants Gomez and Americana for summary judgment dismissing the complaint as against them, unanimously modified, on the law, the cross motion denied and the complaint reinstated as against Gomez and Americana, and otherwise affirmed, without costs.

Inasmuch as plaintiff testified that the Gomez vehicle, in which she was a passenger, first struck the car driven by Konan before it was struck in the rear by the car driven by defendant Sebastien,…