CRUZ v. LISE

13764, 23327/13

123 A.D.3d 514 (2014)

999 N.Y.S.2d 41

2014 NY Slip Op 08739

KIMBERLY CRUZ, Appellant, v. EVAN LISE, Respondent.

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

Decided December 11, 2014.


In support of her motion, plaintiff submitted an affidavit averring that she had stopped at an intersection when her car was hit in the rear by defendant's vehicle. Since a "rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle," this was sufficient to shift the burden to defendant "to come forward with an adequate nonnegligent explanation for the accident" (Cabrera v Rodriguez,...

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