LYNCH v. FLEMING


115 A.D.2d 712 (1985)

Dennis Lynch, Jr., an Infant, by His Mother and Natural Guardian, Linda Lynch, et al., Appellants, v. Michael Fleming et al, Respondents

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

December 30, 1985


Judgment reversed, on the law, and a new trial granted, with costs to abide the event.

Plaintiff Linda Lynch was a passenger, with her infant son, in an automobile driven by her husband on the Cross Island Parkway near Bell Boulevard in Queens County. Upon noticing a stopped car ahead in their lane, her husband removed his foot from the accelerator and gradually began to slow down. Before they could move to another lane, their car was struck in the rear and propelled...

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