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Berger v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2011
82 A.D.3d 531 (N.Y. App. Div. 2011)

Summary

stating that "[i]t is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle, which may be rebutted by evidence that the vehicle in front stopped suddenly," and holding that the lower court "properly determined that issues of fact exist[ed] concerning whether the first three vehicles in this five-car accident . . . stopped suddenly and their reasons for doing so"

Summary of this case from Chen v. Spring Tailor, L.L.C.

Opinion

March 15, 2011.

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered April 7, 2010, which, in an action for personal injuries sustained in a multi-vehicle accident, denied defendants-appellants' motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.


It is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle ( see De La Cruz v Ock Wee Leong, 16 AD3d 199), which may be rebutted by evidence that the vehicle in front stopped suddenly ( see Barry v City of New York, 283 AD2d 300). Here, the motion court properly determined that issues of fact exist concerning whether the first three vehicles in this five-car accident, including appellants' cars, stopped suddenly and their reasons for doing so.


Summaries of

Berger v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2011
82 A.D.3d 531 (N.Y. App. Div. 2011)

stating that "[i]t is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle, which may be rebutted by evidence that the vehicle in front stopped suddenly," and holding that the lower court "properly determined that issues of fact exist[ed] concerning whether the first three vehicles in this five-car accident . . . stopped suddenly and their reasons for doing so"

Summary of this case from Chen v. Spring Tailor, L.L.C.
Case details for

Berger v. New York City Housing Authority

Case Details

Full title:THEODORE BERGER, Respondent, v. NEW YORK CITY HOUSING AUTHORITY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 15, 2011

Citations

82 A.D.3d 531 (N.Y. App. Div. 2011)
918 N.Y.S.2d 458

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