Phillips v. Tissotvanpatot

—Carpinello, J.

Appeals (1) from an order of the Supreme Court (Lahtinen, J.), entered December 17, 1999 in Clinton County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered January 26, 2000 in Clinton County, which, upon reargument, adhered to its prior order.

While legally stopped in traffic in the Village of Lake Placid, Essex County, plaintiffs vehicle was rear-ended by a vehicle owned and operated by defendant. In this action that followed, plaintiff claims that the back pain from which she suffers as a result of…