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CASTELLANI v. BAGDASARIAN

262 A.D.2d 932 (1999)

692 N.Y.S.2d 560

TERESA CASTELLANI, Respondent, v. SUSANN BAGDASARIAN, Appellant. (Appeal No. 2.)

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

Decided June 18, 1999.

Judgment reversed on the law without costs and new trial granted on liability only.

Memorandum:

Supreme Court erred in granting plaintiff's motion for judgment on liability pursuant to CPLR 4401. Plaintiff established a prima facie case by her testimony that defendant's vehicle struck plaintiff's stopped vehicle from the rear (see, Suitor v Boivin, 219 A.D.2d 799, 800; Pincus v Cohen, 198 A...

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