NUNEZ v. STALEY

Ordered that the order is affirmed, with costs.

The plaintiffs failed to make a prima facie showing of entitlement to judgment as a matter of law on the issue of liability. In particular, the plaintiffs' moving papers included a copy of the deposition transcript of the defendant, which raised triable issues of fact as to whether the plaintiff Lydia Nunez was negligent in the operation of her motor vehicle and whether her alleged negligence was a proximate cause of the accident ( see Vehicle and Traffic Law § 375 [a] [3]; Tepoz v Sosa, 241 AD2d 449; see generally Alvarez v Prospect Hosp., 68 NY2d 320).

Accordingly, the Supreme Court correctly denied the plaintiffs' motion for summary judgment on the issue of liability.