It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Dennis P. Herdendorf (plaintiff) when his vehicle was rear-ended by a vehicle driven by defendant. We reject defendant's contention that Supreme Court erred in granting those parts of plaintiffs' motion seeking partial summary judgment on the issue...
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