Lumley v. General Mills, Inc.

Full title: FREDERICKA LUMLEY, Respondent, v. GENERAL MILLS, INC., et al., Appellants…

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

Date published: Jun 10, 1997

240 A.D.2d 201 (N.Y. App. Div. 1997)

658 N.Y.S.2d 32

Opinion

June 10, 1997

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

Triable issues of fact remain concerning whether the driver of the vehicle that was struck in a rear-end collision was negligent in that amongst other things he was tailgating at an inappropriate rate of speed and made a sudden stop; and whether such negligence, if any, contributed to the collision ( see, Malekan v. City Harvest, 234 A.D.2d 94; see also, Darmento v. Pacific Molasses Co., 81 N.Y.2d 985).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Mazzarelli, JJ.