Marcellin v. Passaro

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated November 21, 2013, which granted the plaintiffs motion for summary judgment on the issue of liability.

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

This action arises from a three-vehicle, chain-collision accident that occurred on the Southern State Parkway. The first vehicle involved in the accident was driven by Dina Schütz, who is not a party to this…