Mercado v. Figueroa

Order, entered January 26,1966, unanimously reversed, on the law, with $50 costs and disbursements to defendants-appellants, and motion for summary judgment denied. In this action by passengers to recover for personal injuries, there exists a triable issue as to the alleged negligence of the defendant driver. In opposition to the motion, the driver has submitted an affidavit stating that he was going about 40 miles an hour when his ear “slipped and skidded” on the wet roadway; that, then, after striking two mail boxes, he “tried to put the ear back on the road but the ear skidded again and…