Colon v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Milano, J.), dated April 14, 2000, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On October 5, 1996, the defendant was driving his vehicle southbound in the left lane of the Prospect Expressway in Kings County when he stopped due to traffic. His vehicle was struck in the rear by a vehicle operated by the plaintiff. The plaintiff…
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