Pitchure v. Kandefer Plumbing & Heating
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed on the law without costs and motion denied. Memorandum: Plaintiff commenced this action to recover damages for personal injuries that she sustained when her stopped vehicle was struck from behind by a vehicle owned by defendant Kan-defer Plumbing & Heating and driven by defendant Brian C. Martin. Supreme Court erred in granting plaintiff’s motion for partial summary judgment on liability. It is well established that a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle (see, Diller v City of N. Y.…
2Cases cited7 opinions
- Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
- Gambino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Levine v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
- Hanak v. JaniAppellate Division of the Supreme Court of the State of New York · 1999
- Baron v. MurrayAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
- TATE, FRANKLIN v. BROWN, TIMOTHY L.Appellate Division of the Supreme Court of the State of New York · 2015
- Johnson v. Yarussi Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Sheffer v. CritophAppellate Division of the Supreme Court of the State of New York · 2004
- Zbock v. GietzAppellate Division of the Supreme Court of the State of New York · 2016
22 more not listed; retrieve them via the Exa API.