DE LA CRUZ v. LEONG


16 A.D.3d 199 (2005)

791 N.Y.S.2d 102

JOSE DE LA CRUZ, Respondent, v. OCK WEE LEONG, Doing Business as SUNWAY COMPANY, Appellant.

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

March 15, 2005.


Plaintiff was the driver of the second vehicle in a three-vehicle collision. The third vehicle was defendant's truck. While plaintiff may ultimately be held responsible for the collision between his truck and the vehicle in front of him, the unrebutted evidence demonstrates that defendant, in approaching and hitting plaintiff's truck from the rear, did not maintain the reasonable distance mandated by law (Vehicle and Traffic Law § 1129 [a]). Nothing submitted by defendant...

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