Appellate Division of the Supreme Court of New York, 2011

Berger v. New York City Housing Authority

Berger v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided March 15, 2011
82 A.D.3d 531; 918 N.Y.2d 458
Berger v. New York City Housing Authority

Opinion of the Court

It is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle (see De La Cruz v Ock Wee Leong, 16 AD3d 199 [2005]), which may be rebutted by evidence that the vehicle in front stopped suddenly (see Barry v City of New York, 283 AD2d 300 [2001]). Here, the motion court properly determined that issues of fact exist concerning whether the first three vehicles in this five-car accident, including appellants’ cars, stopped suddenly and their reasons for doing so. Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.

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