Legal Opinion
Garcia v. Hazel
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 2001PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated July 17, 2000, which denied their motion for summary judgment on the issue of liability.
*482Ordered that the order is reversed, on the law, with costs, and the motion is granted.
A rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the moving vehicle and imposes a duty on him or her to explain how the accident occurred (see, Leal v Wolff, 224 AD2d 392; Gambino v City of New York,…
2Cases cited7 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Gambino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Pincus v. CohenAppellate Division of the Supreme Court of the State of New York · 1993
- Hurley v. CavitoloAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Faul v. ReillyAppellate Division of the Supreme Court of the State of New York · 2006
- Grimm v. BaileyAppellate Division of the Supreme Court of the State of New York · 2013
- Karakostas v. Avis Rent A Car SystemsAppellate Division of the Supreme Court of the State of New York · 2003
- Hart v. Town of North CastleAppellate Division of the Supreme Court of the State of New York · 2003
- Grimm v. BaileyAppellate Division of the Supreme Court of the State of New York · 2013