FIGUEROA v. CADBURY UTILITY CONST. CORP

Defendant's affidavit, asserting that he was cut off by plaintiff's automobile, raises issues sufficient to defeat summary judgment ( cf., Lenahan v. Goucher, 65 N.Y.2d 1034, revg on dissenting mem 111 A.D.2d 546, 548; Borgesano v. Hertz Corp., 69 A.D.2d 894).

Concur — Murphy, P.J., Rosenberger, Wallach, Tom and Andrias, JJ.