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CROCE v. BUDGET RENT-A-CAR-CORP

Appellate Division of the Supreme Court of New York, Second Department.
May 24, 2004
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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.