FILIPPAZZO v. SANTIAGO


277 A.D.2d 419 (2000)

716 N.Y.S.2d 710

JANET FILIPPAZZO, Appellant, v. YVONNE SANTIAGO, Respondent.

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

Decided November 27, 2000.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is granted.

The defendant admitted during her examination before trial that she did not see the plaintiff's car until she was only three car lengths away, when she could not avoid colliding into the rear of the plaintiff's car.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the rearmost vehicle...

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