Marx v. Pross

—Casey, J.

Cross appeals from a judgment of the Supreme Court (Doran, J.) in favor of plaintiff, entered February 28, 1992 in Schenectady County, upon a decision of the court, without a jury.

The accident which caused plaintiffs injuries occurred on State Route 7 in the Town of Niskayuna, Schenectady County. The vehicles of both parties were traveling in an easterly direction. Plaintiffs version has his vehicle traveling at a speed of 35 to 40 miles per hour in the passing lane when he saw the brake lights on defendants’ vehicle immediately ahead. He observed defendants’ vehicle suddenly and…