Domanova v. State

1 Citing case

  1. Park v. City of New York

    2011 N.Y. Slip Op. 30307 (N.Y. Sup. Ct. 2011)

    It is well established that a driver approaching another vehicle from the rear has a duty to maintain a reasonably safe rate of speed and control over his vehicle and to exercise reasonable care to avoid colliding with the other vehicle (see Chepel v Meyers, 306 AD2d 235 [2nd Dept]; Power v Hupart, 260 AD2d 458 [2nd Dept]). A driver also has a common-law duty to see that which he should have seen through the proper use of his senses (see Domanova v. State, 41 AD 3d 633 [2nd Dept 2007]). Moreover, a driver has a duty to maintain a safe distance from the vehicle ahead (see Filippazzo v Santiago, 277 AD2d 419 [2 nd Dept]).