LAMPKIN v. CHAN

2009-06664

68 A.D.3d 727 (2009)

2009 NY Slip Op 9002

891 N.Y.S.2d 113

BARBARA LAMPKIN, Appellant, v. TIN L. CHAN et al., Respondents.

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

Decided December 1, 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 is granted.

A rear-end collision with a stopped 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 rebut the inference of negligence by providing a nonnegligent explanation for the collision" (Klopchin v Masri, 45 A.D.3d...

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