Morgan-Caban v. Pacini

—Appeal from an order of Supreme Court, Oneida County (Siegel, J.), entered April 4, 2001, which granted plaintiffs motion to set aside a verdict rendered in favor of defendant and ordered a new trial.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff was traveling on Route 5 in the Town *932of New Hartford when her vehicle hit a patch of ice, spun sideways, hit a guardrail, and eventually came to rest, sideways, in the passing lane. Defendant was unable to stop his vehicle, and his vehicle collided with the…