DOWNS v. TOTH HMS (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Reyna L. DOWNS and Walter M. Downs, Plaintiffs-Appellants, v. Bela TOTH, HMS Management Service, Inc., d/b/a Thrifty Car Rental, and Neundforfer, Inc., Defendants-Respondents.

Decided: October 01, 1999

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT and CALLAHAN, JJ.

Edward J. Markarian, Kenmore, for Plaintiffs-Appellants. Robert F. Carlin, II, Buffalo, for Defendants-Respondents.

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 plaintiff's vehicle [lawfully stopped], * * * that the brakes of the vehicle were applied, but the vehicle nevertheless slid or skidded into the plaintiff's 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. Cohen, 198 A.D.2d 405, 406, 604 N.Y.S.2d 139; see, Schmidt v. Edelman, 263A.D.2d 502, 692 N.Y.S.2d 740). “When a driver approaches another vehicle from the rear, he is bound to maintain a reasonably safe rate of speed and to * * * compensate for any known adverse road conditions” (Young v. City of New York, 113 A.D.2d 833, 833-834, 493 N.Y.S.2d 585).

Order unanimously reversed on the law without costs and motion granted.

MEMORANDUM:

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