MALEKAN v. CITY HARVEST, INC.


234 A.D.2d 94 (1996)

651 N.Y.S.2d 295

Manoucher Malekan et al., Appellants, v. City Harvest, Inc., et al., Respondents

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

December 10, 1996


The parties' conflicting versions of the accident raise triable issue of fact, including whether, as plaintiff claims, his vehicle was stopped for some length of time prior to the accident or whether, as defendants claim, plaintiff suddenly stopped his vehicle without reason or warning (see, Tann v Herlands, 224 A.D.2d 230), and whether defendant driver had been tailgating in violation of Vehicle and Traffic Law § 1129...

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