MARTINEZ v. NOVIN


303 A.D.2d 653 (2003)

757 N.Y.S.2d 317

ANTONIO MARTINEZ et al., Respondents, v. ZACHARY F. NOVIN et al., Appellants. (And Other Titles.)

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

Decided March 24, 2003.


Ordered that the order is affirmed, without costs or disbursements.

The injured plaintiff, Antonio Martinez, was the occupant of a double-parked vehicle that was struck in the rear by a vehicle operated by the defendant Zachary F. Novin. The Supreme Court granted the plaintiffs' motion for summary judgment on the issue of liability and directed a trial on damages. We affirm.

Contrary to the defendants' contention, any issue of fact as to whether the injured...

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