Legal Opinion

Harrington v. Kern

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 2008PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered February 26, 2008, as denied her renewed motion for summary judgment on the issue of liability.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs renewed motion for summary judgment on the issue of liability is granted.

“A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring…

2Cases cited5 opinions

  1. Klopchin v. MasriAppellate Division of the Supreme Court of the State of New York · 2007
  2. Malone v. MorilloAppellate Division of the Supreme Court of the State of New York · 2004
  3. Hakakian v. McCabeAppellate Division of the Supreme Court of the State of New York · 2007
  4. Johnston v. SpotoAppellate Division of the Supreme Court of the State of New York · 2008
  5. David v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by14 opinions

  1. Franco v. BreceusAppellate Division of the Supreme Court of the State of New York · 2010
  2. Krynski v. ChaseDistrict Court, E.D. New York · 2009
  3. Reitz v. Seagate Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Perez v. RobertsAppellate Division of the Supreme Court of the State of New York · 2012
  5. Gavrilova v. StarkAppellate Division of the Supreme Court of the State of New York · 2015

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