NICOLI v. WHELAN


283 A.D.2d 623 (2001)

725 N.Y.S.2d 365

FREDDY NICOLI et al., Appellants, v. JOSEPH S. WHELAN, Respondent.

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

Decided May 29, 2001.


Ordered that the judgment is reversed, on the law, with costs, the verdict is vacated, the complaint is reinstated, the plaintiffs are awarded judgment as a matter of law on the issue of liability, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issue of damages.

At about 7:00 P.M. on October 26, 1996, the plaintiff Freddy Nicoli was driving north in the middle lane of Flatbush Avenue in Brooklyn when his vehicle was hit in the rear...

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