HERNANDEZ v. ADVANCE TR. CO., INC.

8831, 307436/09.

101 A.D.3d 483 (2012)

954 N.Y.S.2d 869

2012 NY Slip Op 8634

CARLENE HERNANDEZ, Plaintiff, v. ADVANCE TRANSIT CO., INC., et al., Appellants, and GENERAL GLASS & METAL, L.L.C., et al., Respondents.

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

December 13, 2012.


In this action for personal injuries allegedly suffered by plaintiff while she was a passenger in a vehicle owned by defendant Advance and operated by defendant Lopez when it was rear-ended by a vehicle driven by defendant Joseph DiGerardo, Jr., the motion court properly denied summary judgment to defendants Advance and Lopez. Although a rear-end collision with a stopped vehicle creates a presumption of negligence on the part of the operator of the moving vehicle (see...

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