Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiff failed to demonstrate his entitlement to judgment as a matter of law. There was conflicting evidence as to whether the plaintiff's vehicle was stopped when it was struck in the rear by the appellant's vehicle, and whether the appellant's vehicle was propelled into the plaintiff's vehicle by a third vehicle operated by the defendant Camille McLeod (see, Hudson v Cole...
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