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Chavez v. Draper

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 460 (N.Y. App. Div. 1997)

Opinion

April 21, 1997


In an action to recover damages for personal injuries, etc., the defendants appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Golar, J.), dated March 13, 1996, which, inter alia, upon the granting of the plaintiffs' motion for summary judgment on the issue of liability, was in favor of the plaintiffs and against them on the issue of liability.

Ordered that the order and judgment is affirmed, with costs.

The defendants have failed to proffer an adequate explanation that their failure to maintain a safe distance between their vehicle and the vehicle directly in front of them constituted nonnegligent conduct (see, Vehicle and Traffic Law § 1129 [a]). The defendants' failure to do so constituted negligence as a matter of law (see, Barba v. Best Sec. Corp., 235 A.D.2d 381; Bando-Twomey v. Richheimer, 229 A.D.2d 554; Gladstone v. Hachuel, 225 A.D.2d 730; Leal v. Wolff, 224 A.D.2d 392). Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Chavez v. Draper

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 460 (N.Y. App. Div. 1997)
Case details for

Chavez v. Draper

Case Details

Full title:PIEDAD CHAVEZ et al., Respondents, v. KENNETH DRAPER et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 21, 1997

Citations

238 A.D.2d 460 (N.Y. App. Div. 1997)
657 N.Y.S.2d 922