VITALE v. V&D TRANSPORT


281 A.D.2d 209 (2001)

721 N.Y.S.2d 530

NEIL VITALE et al., Respondents, v. V&D TRANSPORT et al., Appellants.

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

Decided March 8, 2001.


The motion was properly denied, there being issues of fact as to whether defendants' vehicle was stopped at the time of the collision, and, if so, whether the claimed suddenness of the stop without brake signals contributed to the collision (see, Lumley v General Mills, 240 A.D.2d 201

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