Legal Opinion
Jean v. Zong Hai Xu
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2001PublishedCited by 7 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered July 20, 2000, which granted plaintiffs’ motion for summary judgment on the issue of liability, and their cross motion for summary judgment as to defendant’s counterclaim, unanimously affirmed, with costs.
A rear-end collision with a stationary vehicle creates a prima facie case of negligence, unless the defendant can proffer a non-negligent explanation for his or her failure to maintain a safe distance between the cars (see, Mitchell v Gonzalez, 269 AD2d 250). In this case, plaintiffs made such a prima facie showing of…
2Cases cited3 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
- Mitchell v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Mullen v. RigorAppellate Division of the Supreme Court of the State of New York · 2004
- Soto-Maroquin v. MelletAppellate Division of the Supreme Court of the State of New York · 2009
- Maniscalco v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Delgado v. Martinez Family AutoAppellate Division of the Supreme Court of the State of New York · 2014
- Gruppo v. LondonAppellate Division of the Supreme Court of the State of New York · 2006
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