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TANN v. HERLANDS

224 A.D.2d 230 (1996)

638 N.Y.S.2d 293

Kevin Tann, Respondent, v. David Herlands et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 6, 1996

As plaintiff concedes, the order granting him partial summary judgment was erroneous. Notwithstanding the fact that defendants' vehicle struck plaintiff's in a rear-end collision, a triable issue of fact exists as to whether plaintiff's operation of his vehicle caused or contributed to the accident (see, Migdol v Striker, 215 A.D.2d 358). Additionally, defendants' liability should be considered and determined simultaneously...

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