ORTEGA v. CITY OF NEW YORK


281 A.D.2d 466 (2001)

721 N.Y.S.2d 790

FULGENCIO M. ORTEGA 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 March 12, 2001.


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

This action arises out of a two-vehicle collision in which a van owned by the defendant City of New York and operated by the defendant Michael A. Byron struck the rear of the injured plaintiff's car while the latter was stopped at an intersection.

A rear-end collision with a stopped vehicle creates a prima facie case of liability on the part of the moving vehicle and imposes...

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