MITCHELL v. BROWN


43 A.D.3d 1009 (2007)

842 N.Y.S.2d 507

RICHARD MITCHELL et al., Respondents, v. KENNETH BROWN et al., Appellants.

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

Decided September 18, 2007.


Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The plaintiff Richard Mitchell allegedly was injured in an automobile collision on November 28, 2003, at or near the intersection of Greenwich Street and Clyde Avenue in Hempstead. The vehicle driven by Richard Mitchell was struck in the rear by a vehicle operated by the defendant Kenneth Brown, propelling...

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