RESNICK v. WAINWRIGHT

2019-08164. Index No. 505286/18.

192 A.D.3d 1054 (2021)

141 N.Y.S.3d 322

2021 NY Slip Op 01795

Richard Resnick et al., Appellants, v. David Wainwright, Respondent.

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

Decided March 24, 2021.


Attorney(s) appearing for the Case

Wade T. Morris , New York, NY, for appellants.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.

On October 6, 2015, a vehicle operated by the plaintiff Richard Resnick, in which the plaintiff Joann Gundersen was a passenger, was struck in the rear by a vehicle operated by the defendant. The plaintiffs subsequently commenced this action against the defendant. After joinder of issue, but prior to the completion of discovery...

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