Ordered that the order is affirmed, with costs.
This action arises from a one-car motor vehicle accident which occurred on the evening of December 12, 2003, in Dutchess County. The plaintiff was a front-seat passenger in the defendant's vehicle when the vehicle allegedly encountered a patch of ice, skidded out of control, and struck a guardrail.
The Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability. Although...
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