Sutton v. Carolei

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about June 7, 1996, which denied defendant-appellant’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

In this action arising from injuries plaintiff sustained when her car became disabled on a highway and was struck from behind, issues of fact exist that preclude the granting of summary judgment in favor of defendant-appellant J&N Service Station. Such issues include whether negligent repairs to plaintiff’s vehicle caused the breakdown so as to…