Yanping Xu v. Gold Coast Freightways, Inc.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Spinner, J.), dated April 10, 2012, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The evidence submitted by the defendants, including the deposition testimony of the injured plaintiff and the defendant driver, failed to establish, as a matter of law, that the defendant driver was not operating his vehicle in a negligent manner or that his negligence, if any, was not a proximate cause of…