Migdol v. Striker
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 plaintiff appeals from an order of the Supreme Court, Suffolk County (Newmark, J.), dated September 26, 1993, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
As a general rule, a rear-end collision with a stopped automobile creates a prima facie case of liability with respect to the operator of the moving vehicle unless the operator of the moving vehicle can come forth with an adequate, non-negligent explanation for the accident (see, Gambino v City of New York, 205…
2Cases cited6 opinions
- Gambino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- DeCosmo v. HulseAppellate Division of the Supreme Court of the State of New York · 1994
- Parise v. MeltzerAppellate Division of the Supreme Court of the State of New York · 1994
- Varsi v. StollAppellate Division of the Supreme Court of the State of New York · 1990
- Glick v. M. A. Hittner & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mundo v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1998
- Hanak v. JaniAppellate Division of the Supreme Court of the State of New York · 1999
- Rosa v. Colonial Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Tann v. HerlandsAppellate Division of the Supreme Court of the State of New York · 1996
- Martin v. PullaficoAppellate Division of the Supreme Court of the State of New York · 2000
7 more not listed; retrieve them via the Exa API.