Legal Opinion
McKeough v. Rogak
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover dam*197ages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated March 22, 2001, which denied her motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
A rear-end collision with a stopped automobile 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, Mendiolaza v Novinski, 268 AD2d…
2Cases cited5 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
- Silberman v. Surrey Cadillac Limousine Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Mendiolaza v. NovinskiAppellate Division of the Supreme Court of the State of New York · 2000
- Baron v. MurrayAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
- Niyazov v. BradfordAppellate Division of the Supreme Court of the State of New York · 2004
- Hart v. Town of North CastleAppellate Division of the Supreme Court of the State of New York · 2003