Legal Opinion
Dileo v. Greenstein
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 2001PublishedCited by 9 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Burke, J.), dated July 24, 2000, 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 establishes prima facie that the driver of the moving vehicle was negligent and imposes a duty on him or her to explain how the accident occurred (see, Leal v Wolff, 224 AD2d 392; Gambino v City of New York, 205 AD2d 583). If…
2Cases cited5 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Silberman v. Surrey Cadillac Limousine Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- 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
- Cacace v. DiStefanoAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by9 opinions
- Kimyagarov v. Nixon Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Franco v. BreceusAppellate Division of the Supreme Court of the State of New York · 2010
- Reed v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Piltser v. Donna Lee Management Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Belitsis v. Airborne Express Freight Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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