Empire Insurance v. Lackowitz

In an action to recover damages for injury to property, the defendants Irwin J. Lackowitz and Jillian Lackowitz appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated June 3, 2008, which granted the plaintiffs motion for summary judgment on the issue of liability insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability insofar as asserted against the appellants is denied.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of…