SCHMERTZLER v. LEASE PLAN U.S.A., INC.

2015-08288, Index No. 2458/14.

137 A.D.3d 1101 (2016)

27 N.Y.S.3d 648

2016 NY Slip Op 02070

DeBORAH SCHMERTZLER, Respondent, v. LEASE PLAN U.S.A., INC., et al., Appellants.

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

Decided March 23, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when her vehicle was struck in the rear by the defendants' vehicle. At the time of the accident, the plaintiff's vehicle was slowing down for a traffic condition ahead. The plaintiff commenced this action to recover damages for her personal injuries and moved, inter alia, for summary judgment on the issue of liability and dismissing the defendants' first and...

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