Legal Opinion
Berger v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 8 opinions
1Opinion of the Court
It is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle (see De La Cruz v Ock Wee Leong, 16 AD3d 199 [2005]), which may be rebutted by evidence that the vehicle in front stopped suddenly (see Barry v City of New York, 283 AD2d 300 [2001]). Here, the motion court properly determined that issues of fact exist concerning whether the first three vehicles in this five-car accident, including appellants’ cars, stopped suddenly and their reasons for doing so. Concur —…
2Cases cited2 opinions
- De La Cruz v. Ock Wee LeongAppellate Division of the Supreme Court of the State of New York · 2005
- Barry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- Baez-Pena v. MM Truck & Body Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matos v. SanchezAppellate Division of the Supreme Court of the State of New York · 2017
- Taveras v. OrtizAppellate Division of the Supreme Court of the State of New York · 2021
- Taveras v. OrtizAppellate Division of the Supreme Court of the State of New York · 2021
- Hernandez v. Advance Transit Co.Appellate Division of the Supreme Court of the State of New York · 2012
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