ANTHONY, DANIEL C. v. PHELPS, BRENT M.

Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 4, 2012 in a personal injury action. The judgment, inter alia, ordered that a judgment of no cause of action be entered.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and a new trial is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while attempting to avoid a collision between the motorcycle he was driving and the vehicle driven by defendant. Supreme Court denied plaintiffs motion for a…