MARTIN v. GALLAGHER TRUCK CENTER, INC

Ordered that the judgment is reversed, on the law, with costs, the order dated September 25, 1996, is vacated, the motion for summary judgment is denied, and the plaintiffs' complaint is reinstated.

Viewing the facts in the light most favorable to the plaintiffs, we find that questions of fact exist as to whether the defendant's service manager did, in fact, instruct the plaintiff Jacqueline Martin on how to disengage her vehicle's emergency brake in the manner which allegedly caused her injuries, and if the defendant thereby assumed a duty of care to her ( see, e.g., Cohen v. Heritage Motor Tours, 205 A.D.2d 105; Gordon v Muchnick, 180 A.D.2d 715).

O'Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.