Richards v. Manley Driving Sch

In Richards v. Manley Driving Sch., 27 A.D.3d 443, 811 N.Y.S.2d 746 (2nd Dept. 2006), summary judgment was denied. The court in Richards held that the Defendant driver of the rear vehicle created an issue of fact, under the particular facts of that case, as to whether the front vehicle was partially at fault for allegedly suddenly stopping. In order to ascertain the facts in Richards, this Court reviewed the briefs filed on the appeal. According to the Defendants in Richards, an issue of fact remained to be determined as to "whether [the Defendant front vehicle] came to a sudden, screeching stop 50-75 feet from the intersection or whether the [Defendant front vehicle] came to a gradual stop at the intersection". Brief of Defendants-Appellants-Respondents, Jim Smith Chevrolet, Inc. and Joseph Spero at pp. 1-2, Richards v. Manley Driving Sch., 27 A.D.3d 443, 811 N.Y.S.2d 746 (2nd Dept. 2006) (No. 04-10572).