Kastritsios v. Marcello
Cases that cite this one
25 later published cases cite this decision.
- Billis v. Tunjian (Appellate Division of the Supreme Court of New York 2014)
- Hearn v. Manzolillo (Appellate Division of the Supreme Court of New York 2013)
- Hearn v. Manzolillo (Appellate Division of the Supreme Court of New York 2013)
- Markesinis v. Jaquez (Appellate Division of the Supreme Court of New York 2013)
- Markesinis v. Jaquez (Appellate Division of the Supreme Court of New York 2013)
- Xian Hong Pan v. Buglione (Appellate Division of the Supreme Court of New York 2012)
- Xian Hong Pan v. Buglione (Appellate Division of the Supreme Court of New York 2012)
- Shepherd v. Barry (New York Supreme Court, Queens County 2024)
- Shepherd v. Barry (New York Supreme Court, Queens County 2024)
- Theo v. Vasquez (Appellate Division of the Supreme Court of New York 2016)
- Singh v. Avis Rent a Car System, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Cheow v. Cheng Lin Jin (Appellate Division of the Supreme Court of New York 2014)
- Sokolowska v. Yang G. Song (Appellate Division of the Supreme Court of New York 2014)
- Rodriguez v. Farrell (Appellate Division of the Supreme Court of New York 2014)
- Rodriguez v. Farrell (Appellate Division of the Supreme Court of New York 2014)
- Hackney v. Monge (Appellate Division of the Supreme Court of New York 2013)
- Hackney v. Monge (Appellate Division of the Supreme Court of New York 2013)
- Cajas-Romero v. Ward (Appellate Division of the Supreme Court of New York 2013)
- Cajas-Romero v. Ward (Appellate Division of the Supreme Court of New York 2013)
- Rungoo v. Leary (Appellate Division of the Supreme Court of New York 2013)
- Rungoo v. Leary (Appellate Division of the Supreme Court of New York 2013)
- 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)
- Lapierre v. Love (Appellate Division of the Supreme Court of New York 2012)
- Lapierre v. Love (Appellate Division of the Supreme Court of New York 2012)
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, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rosengarten, J.), dated June 8, 2010, which denied their motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for summary judgment on the issue of liability is. granted.
This action arises out of a two-vehicle collision involving a vehicle operated by the plaintiff Rosaría A. Kastritsios which was struck in the rear by the vehicle operated by the defendant Angela Marcello and owned by the defendant Giovanni Marcello.
As a general rule, “a rear-end collision establishes a prima
Here, the plaintiff driver submitted an affidavit in which she stated that her vehicle was stopped at a red light at an intersection when her vehicle was struck in the rear by the defendants’ vehicle. This established the plaintiffs’ prima facie entitlement to judgment as a matter of law on the issue of liability.
In response, the affidavit of the defendant driver was insufficient to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Campbell v City of Yonkers, 37 AD3d 750, 751 [2007]). The claim that the lead vehicle made a sudden stop, standing alone, is insufficient to rebut the presumption of negligence on the part of the following vehicle (see Franco v Breceus, 70 AD3d 767 [2010]; Mallen v Su, 67 AD3d 974, 975 [2009]; Ramirez v Konstanzer, 61 AD3d 837 [2009]; Jumandeo v Franks, 56 AD3d 614 [2008]; Arias v Rosario, 52 AD3d 551, 552-553 [2008]; Lundy v Llatin, 51 AD3d 877 [2008]; Johnston v Spoto, 47 AD3d 888, 889 [2008]; Campbell v City of Yonkers, 37 AD3d at 751; Neidereger v Misuraca, 27 AD3d 537 [2006]; Russ v Investech Sec., 6 AD3d 602, 602 [2004]).
Accordingly, the Supreme Court erred in denying the plaintiffs’ motion for summary judgment on the issue of liability. Angiolillo, J.E, Florio, Lott and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.