DiCesare v. Glasgow

—Appeal and cross appeal from a judgment of Supreme Court, Erie County (Joslin, J.), entered March 28, 2001, dismissing the complaint upon a jury verdict.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the complaint is reinstated, the order entered March 28, 2001 is vacated, the motion is granted and a new trial is granted on liability in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained when a vehicle driven by defendant rear-ended…