Legal Opinion
Tricoli v. Malik
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 2000PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Reinaldo E. Rivera, J.), dated December 15, 1998, which granted the plaintiffs motion pursuant to CPLR 3212 for summary judgment on the issue of liability.
*470Ordered that the order is affirmed, with costs.
It is well-settled that a rear-end collision with a stopped automobile establishes a prima facie case of negligence on the part of the operator of the moving vehicle and imposes a duty on that operator to explain how the accident occurred (see, Mendiolaza v Novinski,…
2Cases cited5 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
- Silberman v. Surrey Cadillac Limousine Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Gambino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Mendiolaza v. NovinskiAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- Mendiolaza v. NovinskiAppellate Division of the Supreme Court of the State of New York · 2000
- Cacace v. DiStefanoAppellate Division of the Supreme Court of the State of New York · 2000
- Girolamo v. Liberty Lines Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Ditrapani v. MarcianteAppellate Division of the Supreme Court of the State of New York · 2004
- Depena v. Metropolitan Ambulance & First Aid Corp.Appellate Terms of the Supreme Court of New York · 2003
3 more not listed; retrieve them via the Exa API.