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PHILLIPS v. COHN

277 A.D.2d 40 (2000)

715 N.Y.S.2d 314

VICTOR W. PHILLIPS et al., Respondents, v. LYNN O. COHN et al., Defendants. ROBERT R. HUDSON et al., Respondents, and NICOLETTA ARGYROS et al., Appellants.

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

Decided November 9, 2000.

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...

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