DOWNS v. TOTH


265 A.D.2d 925 (1999)

695 N.Y.S.2d 807

REYNA L. DOWNS et al., Appellants, v. BELA TOTH et al., Respondents.

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

Decided October 1, 1999.


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying plaintiffs' motion for partial summary judgment on the issue of liability. It is well settled that "[a] defense which only alleges that the defendant saw the plaintiff's vehicle [lawfully stopped] * * * that the brakes of the vehicle were applied, but the vehicle nevertheless slid or skidded into the plaintiff's vehicle due to the wet condition...

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