In Garcia v. Tri-County Ambulette Service, Inc. 282 AD2d 206, 723 N.Y.S.2d 163 , the plaintiff was a passenger in the rear seat of an ambulette when it was involved in an intersection accident with another vehicle.
Both drivers maintained that they had a green light to enter the intersection. In the lower court, plaintiff's motion for partial summary judgment on the issue of liability against the two drivers was denied.
The Appellate Division reversed, finding that the plaintiff, "as an innocent rear-seat passenger in one of the vehicles who cannot possibly be found at fault under either defendant's version of the accident, was entitled to partial summary judgment" (282 AD2d at 207).
The Court held only that plaintiff's motion for partial summary judgment should have been granted "to the extent of finding no culpable conduct by plaintiff on the issue of liability" (282 AD2d at 207).