Opalek v. Oshrain

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the 'Supreme Court, Kings County, dated April 16, 1969, which denied their motion for summary judgment and an assessment of damages. Order reversed, on the law, with $40 costs and disbursements, and motion granted. Plaintiffs were passengers in an automobile which was struck in the rear by defendant’s automobile. The accident occurred at 2:00 p.m. on a Sunday afternoon in extremely heavy traffic on a major highway in Queens County. Defendant admits that immediately prior to the accident…