Legal Opinion
David v. New York City Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 2005PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Partnow, J), dated May 25, 2004, as granted the plaintiffs’ motion for summary judgment on the issue of liability.
Ordered that the order is affirmed insofar as appealed from, with costs.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the rear vehicle, requiring a nonnegligent explanation for the collision (see Russ v Investech Sec., 6 AD3d 602…
2Cases cited4 opinions
- Russ v. Investech Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Reed v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Malone v. MorilloAppellate Division of the Supreme Court of the State of New York · 2004
- Argiro v. Norfolk Contract Carrier, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by10 opinions
- Klopchin v. MasriAppellate Division of the Supreme Court of the State of New York · 2007
- Volpe v. LimoncelliAppellate Division of the Supreme Court of the State of New York · 2010
- Hakakian v. McCabeAppellate Division of the Supreme Court of the State of New York · 2007
- Gavrilova v. StarkAppellate Division of the Supreme Court of the State of New York · 2015
- Harrington v. KernAppellate Division of the Supreme Court of the State of New York · 2008
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