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ROSARIO CROCE, ETC., ET AL., plaintiffs-respondents, v. BUDGET RENT-A-CAR-CORPORATION, defendants-respondents, MANUEL M. CHAUCA, appellant. (and other actions).

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant Manuel M. Chauca failed to establish his prima facie entitlement to judgment as a matter of law by demonstrating that he was free from negligence and that his actions were not a proximate cause of the accident ( see Siegel v. Sweeney, 266 A.D.2d 200, 201). Accordingly, the Supreme Court properly denied his motion for summary judgment.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

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CROCE v. BUDGET RENT-A-CAR-CORP
(May 24, 2004)