RAINFORD v. HAN


18 A.D.3d 638 (2005)

795 N.Y.S.2d 645

BEVERLY RAINFORD, Respondent, v. SUNG S. HAN et al., Appellants, and VOLKSWAGEN OF AMERICA et al., Respondents.

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

May 16, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the appellants' cross motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted, and the action against the remaining defendants is severed.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes...

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