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Downs v. Toth

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 925 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying plaintiffs' motion for partial summary judgment on the issue of liability. It is well settled that "[a] defense which only alleges that the defendant saw the plaintiff's vehicle [lawfully stopped], * * * that the brakes of the vehicle were applied, but the vehicle nevertheless slid or skidded into the plaintiff's vehicle due to the wet condition of the roadway * * * [is] insufficient to rebut the inference of negligence created by [an] unexplained rear-end collision" (Pincus v. Cohen, 198 A.D.2d 405, 406; see, Schmidt v. Edelman, 263 A.D.2d 502 [decided July 19, 1999]). "When a driver approaches another vehicle from the rear, he is bound to maintain a reasonably safe rate of speed and to * * * compensate for any known adverse road conditions" (Young v. City of New York, 113 A.D.2d 833, 833-834).

PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.


Summaries of

Downs v. Toth

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 925 (N.Y. App. Div. 1999)
Case details for

Downs v. Toth

Case Details

Full title:REYNA L. DOWNS AND WALTER M. DOWNS, PLAINTIFFS-APPELLANTS, v. BELA TOTH…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 925 (N.Y. App. Div. 1999)
695 N.Y.S.2d 807

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