Legal Opinion

Agramonte v. City of New York

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

Decided November 15, 2001PublishedCited by 25 opinions

1Opinion of the Court

—Order, Supreme *76Court, New York County (Marcy Friedman, J.), entered January 24, 2001, which denied plaintiffs’ motion for partial summary judgment as to liability only, unanimously reversed, on the law and the facts,- without costs, the motion granted, and the matter remitted to the Supreme Court, New York County for a trial on the issue of damages.

It is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the moving vehicle was negligent. The injured occupant of the front vehicle is entitled to summary judgment on liability unless the…

2Cases cited4 opinions

  1. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  2. Mascitti v. GreeneAppellate Division of the Supreme Court of the State of New York · 1998
  3. Bando-Twomey v. RichheimerAppellate Division of the Supreme Court of the State of New York · 1996
  4. Danza v. LongieliereAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by25 opinions

  1. Cabrera v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
  2. Ramos v. RojasAppellate Division of the Supreme Court of the State of New York · 2007
  3. Francisco v. SchoepferAppellate Division of the Supreme Court of the State of New York · 2006
  4. Corrigan v. Porter Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Mullen v. RigorAppellate Division of the Supreme Court of the State of New York · 2004

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