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ALGARIN v. REICH

291 A.D.2d 308 (2002)

738 N.Y.S.2d 51

RAFAEL ALGARIN et al., Appellants, v. MARK A. REICH et al., Respondents, et al., Defendants.

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

Decided February 21, 2002.

The Supreme Court erred in concluding that plaintiffs failed to demonstrate any triable issues of fact as to the negligence of defendants Mark A. Reich and Barbara O. Hirsch in this chain reaction rear-end collision (cf., Johnson v Phillips, 261 A.D.2d 269; Galante v BMW Fin. Servs., 223 A.D.2d 421). The deposition testimony and affidavits of plaintiffs Rafael Algarin and Hector Algarin...

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