Opinion
November 13, 1961
In a consolidated negligence action by two passengers of a taxicab to recover damages for personal injuries, medical expenses and loss of services, against the owners and operators of two automobiles which successively collided with each other and with the taxicab in the rear, the defendant Segre appeals from an order of the Supreme Court, Queens County, dated March 21, 1961, which granted plaintiffs' motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment against said defendant, and which directed that the action be severed as against defendants Melillo. Order reversed, without costs, and motion denied. The record indicates that the taxicab in which plaintiffs were passengers may have been struck in its rear twice, once as a result of the movement of the Melillo defendants' car immediately to the rear, and secondly as a result of the force of defendant Segre's car striking the rear of the Melillo car. In our opinion, under all the circumstances, triable issues of fact exist as to defendant Segre's negligence and as to whether his negligence caused the injuries sustained by plaintiffs. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.