Monje v. Figuerola

This is a motion to vacate a prior order granting summary judgment against the defendant and a rehearing of said motion based upon further affidavits allegedly showing .the existence of triable issues of fact. The rehearing is granted and the court will now consider the affidavit submitted by the driver of the vehicle involved.

At the outset the court would like to state that the attorneys for the defendant would have it appear that they were mandated by the Appellate Term .to submit further affidavits showing the existence of triable issues of fact. The Appellate Term saw fit in its…