VOLPE v. LIMONCELLI

2009-08853.

74 A.D.3d 795 (2010)

902 N.Y.S.2d 152

LUCREZIA VOLPE, Respondent, v. ROBERT LIMONCELLI et al., Appellants.

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

Decided June 1, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

"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" (Klopchin v Masri, 45 A.D.3d 737, 737 [2007]; see Johnston v Spoto, ...

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