LEONARD v. CITY OF NEW YORK


273 A.D.2d 205 (2000)

708 N.Y.S.2d 467

CAROLE LEONARD, as Executor of DAVID LEONARD, Deceased, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 5, 2000.


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on damages.

A rear-end collision with a stopped vehicle creates a prima facie case of liability in favor of the operator of the stationary vehicle unless the operator of the moving vehicle can come forward with an adequate, nonnegligent explanation for the accident (see, Lopez v Minot,...

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