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EMIL NORSIC & SON, INC. v. L.P. TRANSPORTATION, INC.

30 A.D.3d 368 (2006)

815 N.Y.S.2d 736

EMIL NORSIC & SON, INC., Respondent, v. L.P. TRANSPORTATION, INC., et al., Appellants.

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

June 6, 2006.

Ordered that the order is affirmed, 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 moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate, nonnegligent explanation for the accident (see Neidereger v Misuraca, 27 A.D.3d 537 [2006]; Garces v Karabelas, 17...

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