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BERGER v. NEW YORK CITY HOUSING AUTHORITY

4515, 303178/07.

82 A.D.3d 531 (2011)

918 N.Y.S.2d 458

THEODORE BERGER, Respondent, v. NEW YORK CITY HOUSING AUTHORITY et al., Defendants, and PAUL R. ANDERSON et al., Appellants.

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

Decided March 15, 2011.

It is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle (see De La Cruz v Ock Wee Leong, 16 A.D.3d 199 [2005]), which may be rebutted by evidence that the vehicle in front stopped suddenly (see Barry v City of New York, 283 A.D.2d 300 [2001]). Here, the motion...

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