MOHAN v. PUTHUMANA


302 A.D.2d 437 (2003)

754 N.Y.S.2d 902

TYRAN R. MOHAN, Respondent, et al., Plaintiff, v. GEORGE P. PUTHUMANA, Appellant.

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

Decided February 10, 2003.


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

"A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the rearmost vehicle, imposing a duty of explanation on that operator to excuse the collision either through a mechanical failure, a sudden stop of the vehicle ahead * * * or any other reasonable...

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