Legal Opinion
Downs v. Toth
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 9 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on the issue of liability. It is well settled that “[a] defense which only alleges that the defendant saw the plaintiffs vehicle [lawfully stopped] * * * that the brakes of the vehicle were applied, but the vehicle nevertheless slid or skidded into the plaintiffs vehicle due to the wet condition of the roadway * * * [is] insufficient to rebut the inference of negligence created by [an] unexplained rear-end collision” (Pincus v…
2Cases cited3 opinions
- Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Pincus v. CohenAppellate Division of the Supreme Court of the State of New York · 1993
- Schmidt v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by9 opinions
- Pitchure v. Kandefer Plumbing & HeatingAppellate Division of the Supreme Court of the State of New York · 2000
- Cupp v. McGaffickAppellate Division of the Supreme Court of the State of New York · 2013
- Johnson v. First Student, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- CUPP, JEREMY v. MCGAFFICK, EDWARDAppellate Division of the Supreme Court of the State of New York · 2013
- Cupp v. McGaffickAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.