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NEWELL v. RODRIGUEZ

300 A.D.2d 258 (2002)

751 N.Y.S.2d 365

KYREE NEWELL et al., Appellants-Respondents, v. JUAN C. RODRIGUEZ et al., Defendants, and KIAM BARRESE et al., Respondents-Appellants.

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

Decided December 31, 2002.

In this action to recover for injuries allegedly sustained by plaintiffs when the car in which they were riding became disabled on a highway and was struck from behind, triable issues of material fact preclude a grant of summary judgment in favor of either defendant movants or plaintiff cross movants. These issues include whether the driver of the car that became disabled was negligent, in either driving too fast or inattentively...

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