DAYAN v. YU PING


305 A.D.2d 365 (2003)

757 N.Y.S.2d 897

RAFAEL DAYAN et al., Respondents, v. LI YU PING et al., Appellants.

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

Decided May 5, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

As a general rule, a rear-end collision with a stopped vehicle creates a prima facie case of liability against the operator of the moving vehicle and imposes a duty on that operator to provide a nonnegligent explanation for the collision (see Parise v Meltzer, 204 A.D.2d 295 [1994]). In opposition to the plaintiffs...

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