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Sanford v. Stillitano
Citations: 241 A.D.2d 489; 660 N.Y.S.2d 67; 1997 N.Y. App. Div. LEXIS 7405
Court: Appellate Division of the Supreme Court of the State of New York; July 14, 1997; New York; State Appellate Court
In a negligence case regarding a chain-reaction automobile accident, defendants Glen Kassan and Brarie Kassan appeal a Supreme Court, Kings County order denying their motion for summary judgment to dismiss the complaint against them. The court upheld the denial, stating that the appellants did not meet their burden of proof for summary judgment. The Kassans argued they were not liable as their vehicle was struck from behind while legally stopped in traffic. However, evidence indicated they may have been following the vehicle driven by John Stillitano too closely and too quickly, and that both cars stopped abruptly. Additionally, Stillitano's testimony suggested that the Kassans' vehicle might have initially collided with his vehicle before being struck by Alfreda Johnson's car, which involved the plaintiff. The court concluded that the Kassans failed to demonstrate their entitlement to summary judgment. The order was affirmed with costs, with justices Rosenblatt, Miller, O’Brien, and Ritter concurring.