Sullivan v. Kowalinski

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

The plaintiff claims that his car was stopped on the Long Island Expressway when the defendant’s car struck his car in the rear.

The defendant admits the collision, but states: It was about 4:40 p.M.; the traffic was heavy and it was “stop and go” *688for several miles; they were traveling about 20 miles per hour just before the accident; the plaintiff stopped; the defendant applied his brakes, but the car kept on going even though Ms foot pedal went a)ll the way to the floor; and Ms car Mt the plaintiff’s back…