Martin v. Pullafico
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 plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated August 4, 1999, which denied their motion for partial summary judgment on the issue of liability.
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 the duty on the operator of the moving vehicle to come forth with an adequate, non-negligent explanation for the accident (see, Power v Hupart, 260 AD2d 458;…
2Cases cited6 opinions
- Power v. HupartAppellate Division of the Supreme Court of the State of New York · 1999
- DeCosmo v. HulseAppellate Division of the Supreme Court of the State of New York · 1994
- Danza v. LongieliereAppellate Division of the Supreme Court of the State of New York · 1998
- Mundo v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1998
- Migdol v. StrikerAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chepel v. MeyersAppellate Division of the Supreme Court of the State of New York · 2003
- Rosa v. Colonial Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Thoman v. RiveraAppellate Division of the Supreme Court of the State of New York · 2005
- Coleman v. HayesAppellate Division of the Supreme Court of the State of New York · 2002
- Insinga v. F.C. General ContractingAppellate Division of the Supreme Court of the State of New York · 2006
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