CRUZ v. FINNEY

2016-03367, Index No. 19587/13.

148 A.D.3d 772 (2017)

2017 NY Slip Op 01671

49 N.Y.S.3d 153

RONNIE CRUZ et al., Respondents, v. DAVID LYNN FINNEY et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 8, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiffs' motion which were for summary judgment on the issue of liability and dismissing the affirmative defense of culpable conduct are denied.

The plaintiff driver allegedly was injured when his vehicle was struck in the rear by the defendants' vehicle. The plaintiff driver, and his wife suing derivatively, thereafter commenced this action against the...

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