RODRIGUEZ v. BEAL

Index No. 151729/19. Appeal No. 13211. Case No. 2020-03751.

191 A.D.3d 617 (2021)

139 N.Y.S.3d 534

2021 NY Slip Op 01220

Felix Rodriguez, Respondent, v. John P. Beal, Appellant.

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

Decided February 25, 2021.


Attorney(s) appearing for the Case

Pillinger Miller Tarallo LLP, Elmsford ( Donna L. Cook of counsel), for appellant.

Alexander J. Wulwick , New York, for respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.


It is undisputed that plaintiff was loading garbage into the rear of a garbage truck stopped on the side of the road when the front corner of defendant driver's vehicle struck the rear corner of the truck and plaintiff. It is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the moving vehicle was negligent, so that an injured plaintiff "is entitled to summary judgment on liability unless the driver of the second vehicle...

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