Legal Opinion
Hakakian v. McCabe
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2007PublishedCited by 21 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Hart, J.), dated October 27, 2005, which granted the plaintiffs motion for summary judgment.
Ordered that the order is affirmed, with costs.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty on that operator to come forward with a nonnegligent explanation for the collision (see Rainford v Sung S. Han, 18 AD3d 638 [2005]; Niyazov v Bradford, 13 AD3d 501…
2Cases cited5 opinions
- Russ v. Investech Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Malone v. MorilloAppellate Division of the Supreme Court of the State of New York · 2004
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
- Niyazov v. BradfordAppellate Division of the Supreme Court of the State of New York · 2004
- David v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by21 opinions
- Volpe v. LimoncelliAppellate Division of the Supreme Court of the State of New York · 2010
- Cortes v. WhelanAppellate Division of the Supreme Court of the State of New York · 2011
- Gutierrez v. Trillium USAAppellate Division of the Supreme Court of the State of New York · 2013
- Mallen v. SuAppellate Division of the Supreme Court of the State of New York · 2009
- Ahmad v. GrimaldiAppellate Division of the Supreme Court of the State of New York · 2007
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