CHANG v. RODRIGUEZ


57 A.D.3d 295 (2008)

869 N.Y.S.2d 427

CALVIN CHANG et al., Appellants, v. JAJAIRA F. RODRIGUEZ et al., Defendants, and YOUNGSOO S. LEE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.


It is undisputed that plaintiffs were in the front vehicle when the middle vehicle, owned by Alamo and operated by Lee, struck plaintiffs' vehicle in the rear after having been struck in the rear by the third car, driven by defendant Rodriguez. In a chain-reaction collision, as here, responsibility presumptively rests with the rearmost driver, Rodriguez (see Mustafaj v Driscoll, 5 A.D.3d 138 [2004]). The police accident report includes...

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