OPALEK v. OSHRAIN


33 A.D.2d 521 (1969)

David Opalek et al., Appellants, v. Leonard Oshrain, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 29, 1969


Order reversed, on the law, with $40 costs and disbursements, and motion granted.

Plaintiffs were passengers in an automobile which was struck in the rear by defendant's automobile. The accident occurred at 2:00 P.M. on a Sunday afternoon in extremely heavy traffic on a major highway in Queens County. Defendant admits that immediately prior to the accident he had been proceeding at between 5 and 10 miles per hour. Then he "looked down" on his right seat "and didn...

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