You are here: / / PLAINTIFFS, PASSENGERS IN DEFENDANT’S CAR, ENTITLED TO SUMMARY J...

PLAINTIFFS, PASSENGERS IN DEFENDANT’S CAR, ENTITLED TO SUMMARY JUDGMENT IN THIS REAR-END COLLISION CASE, DESPITE DEFENDANT’S CLAIM THAT THE CAR AHEAD STOPPED SUDDENLY FOR NO REASON.

The Second Department determined defendant did not raise a question of fact in this rear-end collision case. Although defendant (Alvarez) claimed Cristea’s) car stopped suddenly for no apparent reason, defendant acknowledged Cristea’s car was stopped at the time of the collision and defendant did not see the car until the collision. Plaintiffs, who were passengers in defendant Alvarez’s car, entitled to summary judgment:

​

A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision … . While a nonnegligent explanation for a rear-end collision may include evidence of a sudden stop of the lead vehicle, vehicle stops which are foreseeable under the prevailing traffic conditions must be anticipated by the driver who follows, since he or she is under a duty to maintain a safe distance between his or her vehicle and the vehicle ahead … .

Here, Cristea established his prima facie entitlement to judgment as a matter of law by submitting evidence that he was not at fault in the happening of the accident … . Cristea submitted the deposition testimony of the parties, which demonstrated that Cristea’s vehicle was stopped when it was struck in the rear by Alvarez’s vehicle. Although Alvarez testified that Cristea’s vehicle braked suddenly, he admitted that Cristea’s vehicle was stopped at the time of impact, and that he did not see Cristea’s vehicle until he hit it. Under these circumstances, Alvarez’s claim that Cristea’s vehicle braked suddenly did not raise a triable issue fact as to whether any negligence on the part of Cristea contributed to the accident … . Gonzalez v Alvarez, 2017 NY Slip Op 04819, 2nd Dept 6-14-1

 

NEGLIGENCE (REAR-END COLLISIONS, PLAINTIFFS, PASSENGERS IS DEFENDANT’S CAR, ENTITLED TO SUMMARY JUDGEMENT IN THIS REAR-END COLLISION CASE, DESPITE DEFENDANT’S CLAIM THAT THE CAR AHEAD STOPPED SUDDENLY FOR NO REASON)/TRAFFIC ACCIDENTS (REAR-END COLLISIONS, PLAINTIFFS, PASSENGERS IS DEFENDANT’S CAR, ENTITLED TO SUMMARY JUDGEMENT IN THIS REAR-END COLLISION CASE, DESPITE DEFENDANT’S CLAIM THAT THE CAR AHEAD STOPPED SUDDENLY FOR NO REASON)/REAR-END COLLISIONS (PLAINTIFFS, PASSENGERS IS DEFENDANT’S CAR, ENTITLED TO SUMMARY JUDGEMENT IN THIS REAR-END COLLISION CASE, DESPITE DEFENDANT’S CLAIM THAT THE CAR AHEAD STOPPED SUDDENLY FOR NO REASON)

You might also like
Violation of Right to Counsel Deemed Harmless Error
IN THIS PARKING-LOT-ICE SLIP AND FALL CASE, THE SNOW REMOVAL CONTRACTOR DID NOT DEMONSTRATE IT DID NOT LAUNCH AN INSTRUMENT OF HARM AND THE PROPERTY OWNERS DID NOT DEMONSTRATE THEY DID NOT HAVE CONSTRUCTIVE NOTICE OF THE DANGEROUS CONDITION; THE DEFENDANTS’ SUMMARY JUDGMENT MOTIONS SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
MOTION TO QUASH SUBPOENA ISSUED TO ATTORNEY WHO REPRESENTED THE ORIGINAL BORROWERS AGAINST PROPERTY SUBJECT TO FORECLOSURE PROCEEDINGS SHOULD NOT HAVE BEEN QUASHED, CIVIL CONTEMPT ACTION AGAINST THE ATTORNEY SHOULD NOT HAVE BEEN DISMISSED, CRITERIA FOR BOTH TYPES OF PROCEEDINGS EXPLAINED (SECOND DEPT).
THE FINDING THAT PETITIONER VIOLATED VEHICLE AND TRAFFIC LAW 1180 (d) (SPEEDING) WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE; THE POLICE OFFICER DESCRIBED AN INCIDENT ON A DIFFERENT DATE AT THE HEARING (SECOND DEPT).
THE TOWN HAD THE AUTHORITY TO BRING DISCIPLINARY CHARGES AGAINST THE PLAINTIFF POLICE OFFICER AND THE PLAINTIFF WAS NOT ENTITLED TO RETIREE BENEFITS SET FORTH IN THE COLLECTIVE BARGAINING AGREEMENT (SECOND DEPT).
UNDER THE 2022 AMENDMENT TO CPLR 213, A BANK WHICH HAS STARTED A FORECLOSURE ACTION CANNOT STOP THE RUNNING OF THE STATUTE OF LIMITATIONS BY A VOLUNTARY DISCONTINUANCE; THE BANK DID NOT DEMONSTRATE COMPLIANCE WITH THE MAILING REQUIREMENTS OF RPAPL 1304 (SECOND DEPT).
Delay In Arrival of an Ambulance During a Snow Storm Not Actionable
THERE WAS EVIDENCE OF TWO PROXIMATE CAUSES OF PLAINTIFF’S SLIP AND FALL: (1) HER KNEE BUCKLED; AND (2) WHEN SHE TRIED TO STOP HER FALL BY GRABBING THE VANITY, THE VANITY MOVED FIVE INCHES AWAY FROM THE WALL (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FAMILY COURT DID NOT MAKE SURE APPELLANT UNDERSTOOD THE CONSEQUENCES OF PROCEEDING... SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS,...