Plaintiff commenced an action against defendant for negligence in a rear-end motor vehicle accident. Through the course of discovery, it came to light that the plaintiff had stopped in traffic because a vehicle in front of him was backing up in the lane of travel to parallel park on the side of the road. Defendant then commenced a third party action against this lead driver. After avoiding his deposition on two separate occasions, the third party defendant moved for summary judgment claiming that he had no involvement in the accident and provided an affidavit to that effect. The Court denied the motion for summary judgment agreeing with our arguments that there were questions of fact precluding summary judgment (three drivers with three different versions of events), and agreeing with our argument that while there may be liability on the driver who rear-ends the plaintiff, there is also liability on the driver who causes a plaintiff to stop suddenly in traffic. The Court then granted our cross motion to compel the deposition of the third party defendant.