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CAMPBELL v. MINCELLO

11592. 20153/17E.

184 A.D.3d 412 (2020)

123 N.Y.S.3d 493

2020 NY Slip Op 03179

Chester Campbell, Respondent, v. Vincent Mincello et al., Defendants, and Pauline Cardillo, Appellant.

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

Decided June 4, 2020.

Even assuming that plaintiff established prima facie that the vehicle in which he was a passenger was rear-ended by defendant Mincello's vehicle, which was then rear-ended by defendant Cardillo, Cardillo raised a triable issue of fact as to her negligence through her affidavit averring that she was at a complete stop when her own vehicle was struck in the rear and propelled into the vehicle in front of her (see Arellano v Richards, 162 A.D.3d 967<...

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