Legal Opinion
Drake v. Drakoulis
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2003PublishedCited by 14 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Linda Chiesa appeals from an order of the Supreme Court, Queens County (Golar, J.), dated April 3, 2001, which denied her motion for summary judgment dismissing the complaint and cross claims insofar as asserted against her.
Ordered that the order is affirmed, with costs.
A rear-end collision with a stopped vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty of explanation on the operator of the moving vehicle (see Maschka v Newman, 262 AD2d 615 [1999]; Niemiec…
2Cases cited2 opinions
- Niemiec v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- Maschka v. NewmanAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by14 opinions
- Balducci v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2012
- Foster v. SanchezAppellate Division of the Supreme Court of the State of New York · 2005
- Gleason v. VillegasAppellate Division of the Supreme Court of the State of New York · 2011
- Brodie v. Global Asset Recovery, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Zweeres v. MateriAppellate Division of the Supreme Court of the State of New York · 2012
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