PAPPAS v. OPITZ


262 A.D.2d 471 (1999)

692 N.Y.S.2d 127

FILARETTI PAPPAS, Appellant, v. ELI OPITZ, Respondent.

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

Decided June 14, 1999.


Ordered that the judgment is reversed, on the law, the plaintiff is awarded judgment as a matter of law on the issue of liability, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages.

In this rear-end traffic accident case, the defendant failed to submit sufficient evidence to rebut the presumption that he was negligent. The defendant breached his duty to maintain a reasonably safe distance from the plaintiff's vehicle...

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