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DEPENA v. METRO. AMBULANCE

1 Misc.3d 13 (2003)

767 N.Y.S.2d 560

MILAGROS DEPENA et al., Appellants, v. METROPOLITAN AMBULANCE AND FIRST AID CORPORATION et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 18, 2003.

Attorney(s) appearing for the Case

Charles Berkman, Brooklyn (Robert J. Tolchin of counsel), for appellants.

Isserlis & Sullivan and Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman and Merril S. Biscone of counsel), for respondents.

ARONIN, J.P., and RIOS, J., concur; PATTERSON, J., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs and a new trial ordered.

In this negligence action for personal injuries, the court dismissed the action after both sides rested. Plaintiff Milagros Depena was a passenger in the back of an ambulette driven by defendant Higgs which stopped short and was hit in the rear by another vehicle. It is well settled that a rear-end collision with a stopped vehicle establishes a prima...

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