Legal Opinion
Russo v. Sabella Bus Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 2000PublishedCited by 8 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about July 2, 1999, which, in an action for personal injuries sustained when plaintiffs vehicle rear-ended defendants’ vehicle* inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants’ disabled vehicle was stationary in the right lane of a highway when it was rear-ended by plaintiffs vehicle. Such circumstances create a presumption that the accident was due to plaintiffs fault (see, Mitchell v Gonzalez, 269 AD2d 250, 251), requiring him, in…
2Cases cited2 opinions
- Mitchell v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2000
- Hanak v. JaniAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by8 opinions
- Zbock v. GietzAppellate Division of the Supreme Court of the State of New York · 2016
- Soto v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Diliberto v. BarberichAppellate Division of the Supreme Court of the State of New York · 2012
- Ricchiazzi v. GrayAppellate Division of the Supreme Court of the State of New York · 2004
- Askin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
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