Kelly v. Rubin

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 16, 1993, which granted defendant Somma’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Defendant Somma established that he was not negligent as a matter of law by producing admissible, uncontradicted evidence that his car sustained a sudden tire blowout, and it never came into contact with plaintiffs’ or codefendant’s vehicles (see, Menekou v Crean, 222 AD2d 418). Not only did plaintiffs fail to adduce any proof showing any negligence on Somma’s part, but they…