KASTRITSIOS v. MARCELLO

2010-07083.

84 A.D.3d 1174 (2011)

923 N.Y.S.2d 863

ROSARIA A. KASTRITSIOS et al., Appellants, v. GIOVANNI MARCELLO et al., Respondents.

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

Decided May 24, 2011.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.

This action arises out of a two-vehicle collision involving a vehicle operated by the plaintiff Rosaria A. Kastritsios which was struck in the rear by the vehicle operated by the defendant Angela Marcello and owned by the defendant Giovanni Marcello.

As a general rule, "a rear-end collision establishes a prima

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