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KENNY PIERRE, Appellant, v. BARRY MODESTE, Defendant, and SYBIL STERNLIEB, Respondent.

Ordered that the order is affirmed, with costs.

There was probative evidence submitted by the defendant Sternlieb which indicated that the car operated by the defendant Modeste, while travelling northbound, suddenly crossed over yellow lines and struck her car which was proceeding southbound. In the absence of any probative evidence to the contrary from the plaintiff, the defendant Sternlieb's motion for summary judgment was properly granted (see, Viegas v. Esposito, 135 A.D.2d 708; Morowitz v. Naughton, 150 A.D.2d 536; Tenenbaum v. Martin, 131 A.D.2d 660; Seraphin v. Connaughton, 172 A.D.2d 509). Mangano, P.J., Thompson, O'Brien and Florio, JJ., concur.

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PIERRE v. MODESTE
(May 23, 1994)