MUSTAFAJ v. DRISCOLL


5 A.D.3d 138 (2004)

773 N.Y.S.2d 26

MONE MUSTAFAJ, Appellant, v. WALTER DRISCOLL, Defendant, and JORGE LUGO, Respondent.

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

March 4, 2004.


Plaintiff, who sustained injuries as a result of a three-car collision, was a passenger in the first vehicle in the toll lane at the Triboro Bridge. The second vehicle, driven by defendant Lugo, was stopped behind plaintiff's vehicle when it was struck in the rear by the third car, driven by defendant Driscoll. Plaintiff alleged negligence on the part of both defendants. Driscoll subsequently settled with plaintiff.

In a chain-reaction collision, responsibility presumptively...

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