
    Harold S. Dowling, Respondent, v Consolidated Carriers Corp. et al., Respondents, and Queens Transit Corp. et al., Appellants. (And a Third-Party Action.)
    Argued May 29, 1985;
    decided June 28, 1985
    
      APPEARANCES OF COUNSEL
    
      Peter K. Overzat for Queens Transit Corp. and others, appellants.
    
      Douglas A. Cooper and Steven S. Weiss for Green Bus Lines, Inc., and another, appellant.
    
      Robert S. Markfield for Harold S. Dowling, respondent.
    
      Michael N. Stevens and Stuart E. Kahan for Consolidated Carriers Corp. and others, respondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Whether the truck in which respondent was a passenger could have been brought to a safe stop had appellants’ buses not been standing in the expressway breakdown lane — assuming, for purposes of appellants’ motion, that the buses were there unlawfully — is a triable issue of fact which precludes summary judgment.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Titone and Boomer concur in memorandum; Judge Alexander taking no part.

Order affirmed, etc. 
      
       Designated pursuant to NY Constitution, article VI, § 2.
     