PADILLA v. ZULU SERVICES, INC.

15908, 309679/11.

132 A.D.3d 522 (2015)

17 N.Y.S.3d 855

2015 NY Slip Op 07587

FRANCIS PADILLA et al., Plaintiffs, v. ZULU SERVICES, INC., et al., Defendants/Third-Party Plaintiffs-Respondents. F.W. NAGEL, Third-Party Defendant-Appellant.

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

Decided October 20, 2015.


Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about April 8, 2014, which, insofar as appealed from, denied the cross motion of third-party defendant F.W. Nagel (Nagel) for summary judgment dismissing the third-party complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment dismissing the third-party complaint.

It is well settled that "a rear-end collision with a stopped...

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