Legal Opinion

Binkowitz v. Kolb

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

Decided January 27, 2016No. 2015-03211PublishedCited by 3 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated September 25, 2014, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability is granted.

“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 vehicle, and to exercise…

2Cases cited13 opinions

  1. Kimyagarov v. Nixon Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Gaeta v. CarterAppellate Division of the Supreme Court of the State of New York · 2004
  3. Williams v. Spencer-HallAppellate Division of the Supreme Court of the State of New York · 2014
  4. Le Grand v. SilbersteinAppellate Division of the Supreme Court of the State of New York · 2014
  5. Brothers v. BartlingAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by3 opinions

  1. Tumminello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. Al-Mamar v. TerronesAppellate Division of the Supreme Court of the State of New York · 2017
  3. Montalvo v. CedenoAppellate Division of the Supreme Court of the State of New York · 2019

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