O'Callaghan v. Flitter

In a negligence action to recover dam*1031ages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Ferraro, J.), dated October 5, 1984, which denied their motion for partial summary judgment on the issue of liability and for an assessment of damages.

Order reversed, on the law, with costs, motion granted, and matter remitted to the Supreme Court, Westchester County, for an assessment of damages.

Defendant hit plaintiffs’ parked car from the rear, and admittedly "pushed the trunk lid in”. At the time, the car was parked at a pickup point outside a…