GIOVANNELLI v. GOTTLIEB

2009-03172

73 A.D.3d 853 (2010)

899 N.Y.S.2d 888

MYRIAM GIOVANNELLI, Appellant, v. KEVIN F. GOTTLIEB et al., Respondents.

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

Decided May 11, 2010.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and a new trial is granted.

The Supreme Court committed reversible error in failing to charge the jury with Vehicle and Traffic Law § 1129(a), which provides, "[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway...

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