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PINCUS v. COHEN

198 A.D.2d 405 (1993)

604 N.Y.S.2d 139

Anna B. Pincus et al., Respondents, v. Richard Cohen et al., Appellants

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

November 22, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

It is undisputed that the defendants' vehicle skidded on a wet roadway and collided with the plaintiffs' vehicle, which was stopped at a red traffic signal. At the trial, the defendants offered no evidence that their vehicle's brakes malfunctioned. Moreover, the defendants' papers in opposition to the motion to set aside the verdict conceded that it...

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