GRIMES-CARRION v. CARROLL


13 A.D.3d 125 (2004)

787 N.Y.S.2d 6

EDWARD GRIMES-CARRION, Respondent, v. JESSICA RENE CARROLL, Defendant, RACHEL M. GORDON, Appellant, and FRANCISCO URENA et al., Respondents. (Action No. 1.) FRANK DiSOMMA, Plaintiff, v. FRANCISCO URENA et al., Defendants. FRANCISCO URENA et al., Third-Party Plaintiffs-Respondents, v. RACHEL M. GORDON, Third-Party Defendant-Appellant. (Action No. 2.)

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

December 9, 2004.


This is a consolidated personal injury case involving a three-car collision near the intersection of 145th Street and Bradhurst Avenue in Manhattan. Defendant Gordon was the operator of car No. 2, which was stopped behind car No. 1. According to the pretrial testimony of the operator of car No. 3, he was stopped behind car No. 2, which, as he acknowledges, was also stopped in heavy traffic. At some point, the traffic began to move. Car No. 3's operator heard a horn behind...

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