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DOWNEY v. MAZZIOLI

438, 22829/14E.

137 A.D.3d 498 (2016)

26 N.Y.S.3d 469

2016 NY Slip Op 01610

BARRETT C. DOWNEY, Appellant, v. ANNE MARIE K. MAZZIOLI, Defendant, and ORFELINA D. JORGE et al., Respondents.

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

Decided March 8, 2016.

Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on the issue of Jorge's liability, by submitting his affidavit averring that Jorge's vehicle struck the vehicle owned and operated by defendant Mazzioli in the rear, while plaintiff was a passenger in Mazzioli's vehicle (see Asante v Williams, 227 A.D.2d 123 [1st Dept 1996]). The potential issue of apportionment of fault as between Jorge and Mazzioli...

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