Klopchin v. Masri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated January 18, 2006, which granted the plaintiffs’ motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the…
2Cases cited14 opinions
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- Gaeta v. CarterAppellate Division of the Supreme Court of the State of New York · 2004
- Purcell v. AxelsenAppellate Division of the Supreme Court of the State of New York · 2001
- Russ v. Investech Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
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- Singh v. Avis Rent a Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
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