Legal Opinion

Vespe v. Kazi

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 2009PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered April 2, 2008, which, insofar as appealed from as limited by the briefs, granted defendant Padilla’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Plaintiff was a passenger in the second vehicle in a four-vehicle accident, in which that second vehicle rear-ended defendant Padilla’s lead vehicle, which was stopped in the right lane of a bridge due to a mechanical failure.

“[A] rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the…

2Cases cited4 opinions

  1. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  2. Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
  3. Macauley v. ELRAC, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Mankiewicz v. ExcellentAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Blasso v. ParenteAppellate Division of the Supreme Court of the State of New York · 2010
  2. Dejorge v. Metropolitan Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Toala v. EAN Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Goldstein v. TownsendAppellate Division of the Supreme Court of the State of New York · 2012
  5. Goldstein v. TownsendAppellate Division of the Supreme Court of the State of New York · 2012

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