CORTES v. WHELAN

2010-10319.

83 A.D.3d 763 (2011)

922 N.Y.S.2d 419

MICHAEL CORTES, Respondent, v. GEORGE P. WHELAN, Appellant.

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

Decided April 12, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when the defendant's motor vehicle collided with the rear of the plaintiff's stopped motor vehicle. After joinder of issue, but before any discovery was conducted, the plaintiff moved for summary judgment on the issue of liability.

A rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the moving vehicle, thereby requiring...

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