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FELICIANO v. KRYNICKA

190 Misc.2d 11 (2001)

735 N.Y.S.2d 906

LUCIANO FELICIANO, Appellant, v. MARIA KRYNICKA et al., Respondents.

Supreme Court, Appellate Term, Second Department.

October 19, 2001.

Attorney(s) appearing for the Case

Taller & Wizman, P. C., Forest Hills (Y. David Taller and Boris Lyakhovsky of counsel), for appellant.

Robert P. Tusa and Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), for respondents.

PATTERSON, J. P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

It is well settled that a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the moving vehicle, and imposes a duty of explanation on said operator (see, Tricoli v Malik, 268 A.D.2d 469; Maschka v Newman, ...

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