LY GIAP v. PHAM

5655 302201/13.

159 A.D.3d 484 (2018)

71 N.Y.S.3d 504

2018 NY Slip Op 01568

LY GIAP et al., Appellants, v. HATHI SON PHAM et al., Respondents.

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

Decided March 13, 2018.


The complaint as against defendants Mejia Velez and Bibbins was properly dismissed, although we affirm on different grounds. The cars driven by Mejia Velez and Bibbins were stopped in traffic when defendant Pham rear ended Mejia Velez, and the impact propelled Mejia Velez's car into the rear of Bibbins's car. Bibbins, the driver of the first car, testified that a cab in front of him "abruptly stopped" and then Bibbins quickly stopped behind it. Mejia Velez, the driver of...

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