DELVALLE v. MERCEDES BENZ USA, LLC

2011-04685.

94 A.D.3d 942 (2012)

942 N.Y.S.2d 204

2012 NY Slip Op 2835

DANNY DELVALLE, Respondent, v. MERCEDES BENZ USA, LLC, et al., Appellants. LOUIS A. REMOND, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided April 17, 2012.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment on the issue of liability and substituting therefor a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

A rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut...

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