Niyazov v. Bradford
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), entered May 17, 2004, which denied their motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
A rear-end collision with a stopped vehicle creates a prima facie case of liability against the operator of the moving vehicle and imposes a duty on that operator to provide a non-negligent *502explanation for the collision (see Russ v Investech Sec., 6 AD3d 602 [2004];…
2Cases cited9 opinions
- Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Russ v. Investech Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Guevara v. ZaharakisAppellate Division of the Supreme Court of the State of New York · 2003
- Kemenyash v. McGoeyAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by21 opinions
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- Abramov v. Miral Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Lampkin v. ChanAppellate Division of the Supreme Court of the State of New York · 2009
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
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