ORTIZ v. HAIDAR

2008-10274

68 A.D.3d 953 (2009)

2009 NY Slip Op 9445

892 N.Y.S.2d 122

Lucy M. ORTIZ, Respondent, v. MOHAMMAD ALI HAIDAR, Appellant, and CHARLES O'CONNELL, Respondent.

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

Decided December 15, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motion of the defendant Mohammad Ali Haidar for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

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 non-negligent...

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