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AGRAMONTE v. CITY OF NEW YORK

288 A.D.2d 75 (2001)

732 N.Y.S.2d 414

DOMINGA AGRAMONTE et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 15, 2001.

It is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the moving vehicle was negligent. The injured occupant of the front vehicle is entitled to summary judgment on liability unless the driver of the second vehicle provides a non-negligent explanation for the collision (see, Johnson v Phillips, 261 A.D.2d 269, 271; Danza v Longieliere, 256 A.D.2d 434...

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