EMPIRE INSURANCE COMPANY v. LACKOWITZ


58 A.D.3d 797 (2009)

872 N.Y.S.2d 186

EMPIRE INSURANCE COMPANY, as Subrogee of JOSE R. RIVERA, Respondent, v. IRWIN J. LACKOWITZ et al., Appellants, et al., Defendants.

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

January 27, 2009.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability insofar as asserted against the appellants is denied.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to provide a nonnegligent explanation for the collision (see Arias v Rosario,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases