Silbermann v. Broser

• Decision Date: 05 June 1961
• Citation: 219 N.Y.S.2d 445
• Parties: Maximilian SILBERMANN, Plaintiff, v. Abe BROSER and Joseph S. Broser, an infant over the age of 14 years, Defendants.
• Court: New York Supreme Court

Page 445

219 N.Y.S.2d 445

Maximilian SILBERMANN, Plaintiff, v. Abe BROSER and Joseph S. Broser, an infant over the age of 14 years, Defendants.

Supreme Court, Special Term, New York County, Part I.

June 5, 1961.

Howard S. Dorris, Flushing, for plaintiff.

Richard Formidoni, New York City, for defendants.

ABRAHAM N. GELLER, Justice.

Plaintiff moves for summary judgment. He complains of a rear-end collision which occurred when he was at a standstill at a traffic light. In the version of the defendant operator of the second car, plaintiff's car was at a distance of five car lengths when it stopped suddenly at a red-green light. The pavement was wet by reason of earlier rainfall, defendant braked his car, reduced speed, and went into a skid, resulting in contact with plaintiff's car.

There is, in addition, a triable issue whether the plaintiff sustained injury, and did so as a result of this accident.

These issues of fact must be resolved by a trial. Poulter v. Masullo, 13 A.D.2d 674, 213 N.Y.S.2d 548; Rogers v. Hirshon, Sup., 213 N.Y.S.2d 612. The motion is accordingly denied.