Minaya v. Horner

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 21, 2000, which denied defendant-appellant’s motion for summary judgment dismissing the complaint and any cross-claims as against him, unanimously affirmed, without costs.

Supreme Court correctly denied defendant Horner’s motion for summary judgment. Defendant’s vehicle was allegedly involved in an accident with plaintiffs’ vehicle. Defendant contended that this vehicle had been stolen prior to the time of the accident. In our view, the affidavits of Horner and his daughter, to whom the vehicle was allegedly…