In аn action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 18, 2001, which granted the separate motions of the defendants Paul Arguello and Halmar Builders of New York, Inc., and the defendants Ashutоsh Sharma and Neena Sharma, for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with one bill of costs.
The instant action arises out of a six-vehicle chain-reaction collision which occurrеd on the Taconic Parkway in Westchester Cоunty. According to the defendant Ashutosh Sharma, a spare tire dislodged from underneath the vehiclе of the defendant Stanislawa Loskot and struck the vehicle he was operating, which was ownеd by the defendant Neena Sharma. Subsequently, the Sharmas’ vehicle struck Loskot’s vehicle in the rear, although there is a dispute as to whether Ashutosh Shаrma stopped the vehicle behind Loskot’s vehicle and put on his blinking hazard lights before the collision or whether the two vehicles were moving аt the time. In any event, the Sharmas’ vehicle was rеar-ended by a vehicle owned by the defendant Halmar Builders of New York, Inc. (hereinafter Halmаr), and operated by the defendant Raul Arguello (hereinafter the Aguello/Halmar vehicle). According to Arguello, he stopped within about three feet of the Sharmas’ vehicle, and, within a couple of seconds, his vehicle was struck frоm the rear by a vehicle containing the plaintiffs Viktor Elezovic and Peter Elezovic, and prоpelled into the rear of the Sharmas’ vehicle. According to Viktor Elezovic, who was driving, he stopped his vehicle without hitting the Arguello/Halmar vеhicle, but within a few seconds, his vehicle was struck from the rear by the vehicle driven by the defendant C.J. Hаrrison, Jr., and propelled into the rear of thе Arguello/Halmar vehicle.
