Cacace v. DiStefano
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, Suffolk County (Floyd, J.), entered January 31, 2000, which denied her motion for partial summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a trial on the issue of damages.
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…
2Cases cited10 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
- Hurley v. CavitoloAppellate Division of the Supreme Court of the State of New York · 1997
- Starace v. Inner Circle Qonexions, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Campanella v. MooreAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by7 opinions
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- Dewar v. PadillaAppellate Division of the Supreme Court of the State of New York · 2003
- Mangum v. TrabulsiAppellate Division of the Supreme Court of the State of New York · 2002
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