Legal Opinion

O'Rourke v. Carucci

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 2014Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated May 24, 2012, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

When the driver of an automobile approaches another automobile from the rear, he or she is bound to maintain a reasonably safe rate of speed and control over his or her vehicle, and to exercise reasonable care to avoid colliding with the other vehicle (see Taing v Drewery, 100 AD3d 740 [2012]; Ortiz v…

2Cases cited16 opinions

  1. Tutrani v. County of SuffolkNew York Court of Appeals · 2008
  2. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  3. Nsiah-Ababio v. HunterAppellate Division of the Supreme Court of the State of New York · 2010
  4. Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  5. Ortiz v. Hub Truck Rental Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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