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WARREN v. DONOVAN

254 A.D.2d 201 (1998)

679 N.Y.S.2d 120

Kim Warren et al., Respondents, v. Robert G. Donovan, Jr., Appellant

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

October 27, 1998

Assuming defendant's unsigned deposition transcript should be considered even though he had urged the contrary before the motion court, nothing therein avails him. The rear end collision raises an inference of defendant's negligence (see, Galante v BMW Fin. Servs., 223 A.D.2d 421), and his proffered explanation — that his vehicle "hydroplaned" in foggy and rainy weather conditions — shows nothing more than that...

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