In Peralta v. Moore, 272 A.D.2d 458 (2d Dept 2000), the fact pattern is very similar to that of the instant case. Plaintiff Peralta testified at a hearing pursuant General Municipal Law 50-h and an examination before trial that she was traveling westbound on the Belt Parkway in the right lane. After moving to the center lane to avoid hitting a car in front of her she was struck in the rear by a New York City Transit Authority bus and "then swerved into the left lane of traffic and collided with the appellants' car." (Peralta at 458.) The Appellate Division, at 458-459, reversing Supreme Court, granted summary judgment to the appellants, who were in the left lane, relying on the sworn testimony of plaintiff.