Markesinis v. Jaquez
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 plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 25, 2012, which denied his motion for 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 negligence with respect to the operator of the moving vehicle, and imposes a duty on that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Tutrani v County of Suffolk, 10 NY3d 906…
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- Tutrani v. County of SuffolkNew York Court of Appeals · 2008
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- Balducci v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2012
- Pollard v. Independent Beauty & Barber Supply Co.Appellate Division of the Supreme Court of the State of New York · 2012
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