¶1In an action to recover damages for personal injuries sustained by the plaintiff as a consequence of the defendant’s negligence in the operation of a motor vehicle at a claimed excessive rate of speed so as to cause it to skid over a shaded ice patch on a parking lot driveway, defendant appeals from an order of the Supreme Court, Suffolk County, entered May 3, 1960, granting plaintiff’s *1040motion for summary judgment striking out the answer and directing an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, whether the defendant operated his vehicle at a speed which could be said to be inconsistent with the exercise of reasonable care under the prevailing circumstances, so as to have negligently caused it to skid, is a question of fact which should be resolved after trial (Cutler v. Brockington, 10 A D 2d 712). Nolan, P. J., Beldoek, Kleinfeld, Christ and Pette, JJ., concur.
11 A.D.2d 1039
Norman v. Druzbick
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-10-10
Good law ✅— No negative treatment on recordhow we know
Decided 1960-10-10
How this case has been cited
Cited by 3 later decisions — most recently January 1997
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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