PRINE, MARK A. v. SANTEE, ADAM M.

Fahey and Valentino, JJ. (dissenting).

We respectfully dissent and would affirm the order denying the cross motion of Anna Torres (defendant) for summary judgment dismissing the amended complaint and any cross claims against her. In our view, defendant failed to meet her initial burden of establishing that she did not engage in conduct that was a proximate cause of the accident (see Negros v Brown, 15 AD3d 994, 995 [2005]; see also Hazzard v Burrowes, 95 AD3d 829, 830-831 [2012]; Aguilar v Alonzo, 66 AD3d 927, 928 [2009]; Zielinski v Van Pelt [appeal No. 2], 9 AD3d 874, 876 [2004]). The papers…