Order affirmed, insofar as appealed from, with costs.
The uncontroverted testimony of the codefendant passenger Schiavone, given at an examination before trial, that defendant Woods drove a motor vehicle at a high rate of speed into the rear of plaintiff's vehicle, without applying the brakes or sounding the horn, clearly establishes the liability of defendant Woods and the plaintiff's freedom from negligence. Moreover, Woods pleaded guilty to driving while intoxicated...
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