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LIFSHITS v. VARIETY POLY BAGS

278 A.D.2d 372 (2000)

717 N.Y.S.2d 630

RITA LIFSHITS, Appellant, v. VARIETY POLY BAGS et al., Respondents.

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

Decided December 18, 2000.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff established a prima facie case of negligence on the part of the defendant Variety Poly Bags and the driver of its truck, the defendant Anthony P. Ray. Since the defendant driver was under a duty to maintain a safe distance between the defendants' car and the plaintiff's car (see, Vehicle and Traffic Law § 1129...

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