MULHERN v. GREGORY

2016-03045. Index No. 602048/13.

161 A.D.3d 881 (2018)

75 N.Y.S.3d 592

2018 NY Slip Op 03374

Edward Mulhern, Appellant, v. Michael Gregory et al., Respondents.

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

Decided May 9, 2018.


Ordered that the order is reversed, on the law, with costs, the defendants' cross motion for summary judgment dismissing the complaint is denied, and the plaintiff's unopposed motion for summary judgment on the issue of liability is granted.

On August 19, 2010, the plaintiff was a passenger in a motor vehicle that was struck in the rear, while stopped, by a vehicle owned by the defendant Michael Gregory and operated by the defendant Sean Gregory. The plaintiff commenced...

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