Bertrand v. Vingan

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 30, 1997, which, in an action by plaintiff for injuries sustained when her vehicle hit the rear of defendant’s vehicle, denied defendant’s motion for summary judgment, unanimously affirmed, without costs. Order, same court and Justice, entered October 1, 1997, which denied defendant’s motion to reargue, unanimously dismissed, without costs, as taken from a nonappealable order.

We agree with the IAS Court that issues of fact preclude summary judgment in defendant’s favor, including whether defendant, whose car was stopped on a…