Appellate Division of the Supreme Court of New York, 2007

Hakakian v. McCabe

Appellate Division of the Supreme Court of New York · Decided March 6, 2007

38 A.D.3d 493; 833 N.Y.S.2d 106

Cases that cite this one

21 later published cases cite this decision.

Cheow v. Cheng Lin Jin (Appellate Division of the Supreme Court of New York 2014)
Harrington v. Kern (Appellate Division of the Supreme Court of New York 2008)
Yawagyentsang v. Safeway Constr. Enters., LLC (Appellate Division of the Supreme Court of New York 2024)
Grier-Key v. Lyons (Appellate Division of the Supreme Court of New York 2021)
Rosenblum v. Schloss (Appellate Division of the Supreme Court of New York 2019)
Edgerton v. City of New York (Appellate Division of the Supreme Court of New York 2018)
Mulhern v. Gregory (Appellate Division of the Supreme Court of New York 2018)
Parshina v. Celestin (Appellate Division of the Supreme Court of New York 2017)
Tumminello v. City of New York (Appellate Division of the Supreme Court of New York 2017)
Nikolic v. City-Wide Sewer & Drain Service Corp. (Appellate Division of the Supreme Court of New York 2017)
Gutierrez v. Trillium USA (Appellate Division of the Supreme Court of New York 2013)
Gutierrez v. Trillium USA (Appellate Division of the Supreme Court of New York 2013)
Cortes v. Whelan (Appellate Division of the Supreme Court of New York 2011)
Volpe v. Limoncelli (Appellate Division of the Supreme Court of New York 2010)
Hauser v. Adamov (Appellate Division of the Supreme Court of New York 2010)
Vargas v. Luxury Family Corp. (Appellate Division of the Supreme Court of New York 2010)
Mixon v. TBV, Inc. (Appellate Division of the Supreme Court of New York 2010)
Costa v. Eramo (Appellate Division of the Supreme Court of New York 2010)
Zdenek v. Safety Consultants, Inc. (Appellate Division of the Supreme Court of New York 2009)
Mallen v. Su (Appellate Division of the Supreme Court of New York 2009)
Ahmad v. Grimaldi (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion 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 [2004]; Russ v Investech Sec., 6 AD3d 602 [2004]). Here, the plaintiff sustained his burden of establishing a prima facie case of negligence by submitting an affidavit *494in which he averred that he came to a complete stop at a yellow traffic light and that his automobile was then struck in the rear by the defendants’ vehicle. In opposition, the defendants’ explanation that the plaintiff came to a sudden and unanticipated stop, in and of itself was insufficient to raise a triable issue of fact (see David v New York City Bd. of Educ., 19 AD3d 639 [2005]; Malone v Morillo, 6 AD3d 324 [2004]). Santucci, J.P, Goldstein, Carni and McCarthy, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.