Summary
In Phillips v Cohn (277 AD2d 40 [1st Dept 2000]), another rear-end collision case, we affirmed the denial of summary judgment based upon the fact that the plaintiff failed to eliminate issues of fact as to his comparative negligence.
Summary of this case from Rodriguez v. City of New YorkOpinion
November 9, 2000.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 25, 2000, which denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Patrick M. Murphy, for defendants-appellants.
Before: Tom, J.P., Mazzarelli, Lerner, Rubin, Friedman, JJ.
Although the vehicle driven by defendant-appellant Nicoletta Argyros was struck from behind by plaintiffs' vehicle after plaintiffs' vehicle was struck from behind by a third vehicle, the record discloses a factual issue as to whether, at the time of the accident, the Argyros vehicle had suddenly stopped in a moving lane of traffic and, accordingly, as to whether negligent operation of the Argyros vehicle contributed to plaintiffs' harm (see, Migdol v. Striker, 215 A.D.2d 358; see also, Tann v. Herlands, 224 A.D.2d 230).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.