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DAVID v. NEW YORK CITY BOARD OF EDUCATION

19 A.D.3d 639 (2005)

797 N.Y.S.2d 294

EGERTON DAVID et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION et al., Appellants.

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

June 27, 2005.

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 rear vehicle, requiring a nonnegligent explanation for the collision (see Russ v Investech Sec., 6 A.D.3d 602 [2004]; Reed v New York City Tr. Auth., 299...

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