Legal Opinion
Gladstone v. Hachuel
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 1996PublishedCited by 19 opinions
1Opinion of the Court
A rear end collision with a stopped vehicle creates a prima facie case of liability on the part of the moving vehicle and imposes a duty of explanation on the part of the driver of the offending vehicle (see, Barile v Lazzarini, 222 AD2d 635; Benyarko v Avis Rent A Car Sys., 162 AD2d 572; Young v City of New York, 113 AD2d 833). The undisputed facts in the parties’ affidavits concerning the accident establish that the defendant’s car collided with the rear end of the plaintiffs’ car when it stopped to yield to a police car at an intersection. The defendant was under a duty to maintain a safe…
2Cases cited3 opinions
- Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
- Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Benyarko v. Avis Rent A Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by19 opinions
- Mascitti v. GreeneAppellate Division of the Supreme Court of the State of New York · 1998
- Danza v. LongieliereAppellate Division of the Supreme Court of the State of New York · 1998
- Rozengauz v. Lok Wing HaAppellate Division of the Supreme Court of the State of New York · 2001
- Barba v. Best Security Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- ELRAC, Inc. v. BeckfordAppellate Division of the Supreme Court of the State of New York · 1998
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