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BRODIE v. GLOBAL ASSET RECOVERY, INC.

12 A.D.3d 390 (2004)

783 N.Y.S.2d 832

CHRISTOPHER J. BRODIE et al., Appellants, v. GLOBAL ASSET RECOVERY, INC., et al., Respondents.

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

November 8, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

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, thereby requiring that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision (see Harriott v Pender, 4 A.D.3d 395 [2004]; Hollis v Kellog,

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