Legal Opinion

Rotz v. Coral

New York Supreme Court

Decided May 3, 1960PublishedCited by 1 opinion

1Opinion of the CourtMario Pittoni, J.

The plaintiff’s motion for summary judgment in this personal injury action is denied.

The plaintiff’s car was standing still, behind another, when the defendant’s car hit his and propelled it into the car in front.

The defendant operator admits that this happened, but states the following: She saw the plaintiff’s ear at a standstill when about 60 to 70 feet away; she took her foot off the gas pedal and applied her brake; her car however did not slow down; she kept on applying her brakes; but the car kept going forward and struck the rear of the plaintiff’s. When she started to apply her brakes…

2Cases cited3 opinions

  1. Zwilling v. HarrisonNew York Court of Appeals · 1936
  2. Bernstein v. KritzerAppellate Division of the Supreme Court of the State of New York · 1928
  3. First Trust & Deposit Co. v. DentAppellate Division of the Supreme Court of the State of New York · 1942

3Cited by1 opinion

  1. Frantz v. StateAppellate Division of the Supreme Court of the State of New York · 1968

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