NEWELL v. BRONSTON

11487. 302650/15. 20478/14E.

183 A.D.3d 441 (2020)

121 N.Y.S.3d 866

2020 NY Slip Op 02854

Anthony Newell, Appellant, v. Tina D. Bronston et al., Respondents. Tina Bronston, Appellant, v. Jose A. Javier, Respondent, et al., Defendants.

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

Decided May 14, 2020.


These actions arise from a three-car motor vehicle accident. Defendant Javier was driving his livery cab, followed by defendant Bronston and plaintiff Newell, when he stopped short to pick up a passenger. Bronston stopped without hitting Javier's cab, but Newell rear-ended Bronston's vehicle.

Issues of fact as to Javier's comparative negligence preclude the summary dismissal of Newell's complaint as against him. A jury could rationally find that Javier's conduct was...

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