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LEVINE v. TAYLOR

268 A.D.2d 566 (2000)

702 N.Y.S.2d 107

RIMONA LEVINE et al., Plaintiffs, v. CLYDE TAYLOR et al., Defendants and Third-Party Plaintiffs-Appellants. SHARON CABASSO et al., Third-Party Defendants-Respondents.

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

Decided January 31, 2000.

Ordered that the order and judgment is affirmed, with costs.

It is undisputed that the vehicle operated by the third-party defendant Sharon Cabasso was struck in the rear by a vehicle operated by the plaintiff Rimona Levine, which was struck from behind by a vehicle operated by the defendant Clyde Taylor. A rear-end collision is sufficient to create a prima facie case of liability and imposes a duty of explanation with respect to the operator of the offending vehicle...

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