Legal Opinion
Marsella v. Sound Distributing Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1998PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 20, 1997, which denied its 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 the operator of the moving vehicle to explain how the accident occurred (see,…
2Cases cited5 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
- Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
- McCarthy v. MillerAppellate Division of the Supreme Court of the State of New York · 1988
- Johnston v. El-DeiryAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by11 opinions
- Phillip v. D&D Carting Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Cortes v. WhelanAppellate Division of the Supreme Court of the State of New York · 2011
- Wechter v. KelnerAppellate Division of the Supreme Court of the State of New York · 2007
- Campanella v. MooreAppellate Division of the Supreme Court of the State of New York · 1999
- Bucceri v. FrazerAppellate Division of the Supreme Court of the State of New York · 2002
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