COLLETT v. AMBULETTE


261 A.D.2d 499 (1999)

687 N.Y.S.2d 910

LISBETH COLLETT, Respondent, v. TWC AMBULETTE et al., Respondents, and DANIEL WALCOTT, Appellant.

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

Decided May 17, 1999.


Ordered that the order is affirmed, with costs payable to the defendants-respondents.

The Supreme Court correctly denied the appellant's motion for summary judgment. The appellant testified that his vehicle was moving when it was struck from behind by a vehicle driven by the defendant Arthur Brand. However, Brand testified that the appellant's vehicle had stopped short. The conflicting testimony concerning the cause of the collision raises issues of fact concerning...

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