ROSS v. NELSON


74 Misc.2d 309 (1973)

Simeon Ross et al., Plaintiffs, v. Arthur Nelson, Defendant.

Supreme Court, Special Term, Suffolk County.

February 14, 1973


Attorney(s) appearing for the Case

Holland, Greshin & Sloane for plaintiffs. De Santis, McGarry & Hargous for defendant.


LEON D. LAZER, J.

Plaintiff moves for summary judgment in this negligence action, which arises from a classic "hit in the rear" situation in wet weather.

Defendant's deposition, which is quoted in the moving affidavit, indicates that he applied his brakes "hard" when he was about 100 feet from plaintiff's car. He held the brakes down but his car "skidded in the last few feet" and struck the rear of plaintiff's vehicle which was stopped and waiting...

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