Slavinskas v. Clinton Warehouse, Inc.

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, dated January 17,1972, which denied his motion for summary judgment. Order reversed, on the law, with $10 costs and disbursements, and motion granted, with assessment of -damages to proceed. The uncontested facts shown in the papers on the motion demonstrate that for four hours prior to the accident the individual defendant drove the loaded 15,000- pound truck in question, with knowledge that it was necessary to “mash” the brake down twice in order to slow the…