KIMYAGAROV v. NIXON TAXI CORP.


45 A.D.3d 736 (2007)

846 N.Y.S.2d 309

ARKADIY KIMYAGAROV et al., Appellants, v. NIXON TAXI CORP. et al., Respondents.

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

Decided November 20, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was for summary judgment on the issue of liability is granted.

A rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the moving vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Carhuayano...

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