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KLOPCHIN v. MASRI

45 A.D.3d 737 (2007)

846 N.Y.S.2d 311

BRYAN KLOPCHIN et al., Respondents, v. YOEL MASRI et al., Appellants.

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

Decided November 20, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Niyazov v Bradford, 13 A.D.3d 501 [2004]; Russ v Investech Sec.,...

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