Legal Opinion

Girolamo v. Liberty Lines Transit, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 2001PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 7, 2000, which granted the plaintiffs motion for summary judgment on the issue of liability.

*372Ordered that the order is affirmed, with costs.

A rear-end collision with a stopped automobile establishes a prima facie case of negligence on the part of the operator of the moving vehicle, and imposes a duty on that operator to explain how the accident occurred (see, Cacace v DiStefano, 276 AD2d 457; Tricoli v Malik, 268 AD2d 469;…

2Cases cited4 opinions

  1. Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
  2. Mendiolaza v. NovinskiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Tricoli v. MalikAppellate Division of the Supreme Court of the State of New York · 2000
  4. Cacace v. DiStefanoAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by5 opinions

  1. Kimyagarov v. Nixon Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Cortes v. WhelanAppellate Division of the Supreme Court of the State of New York · 2011
  3. Irmiyayeva v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2002
  4. Mangum v. TrabulsiAppellate Division of the Supreme Court of the State of New York · 2002
  5. Comiskey v. PisanoAppellate Division of the Supreme Court of the State of New York · 2004

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