TRILLO v. GERRY

Ordered that the judgment is affirmed, with costs.

While the evidence established that there was physical contact between the plaintiff Federeco Trillo and the left side of the defendant's vehicle toward the rear, there was no evidence that the defendant had committed any negligent acts. Accordingly, since there was no issue for the jury's consideration, the trial court properly granted the defendant's renewed motion (see, McCloud v Marcantonio, 106 A.D.2d 493). Mollen, P.J., Lawrence, Kunzeman and Harwood, JJ., concur.