Nowak v. Benites

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Orange County (Vazquez-Doles, J.), dated November 15, 2016, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of…