AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Advocates
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Advocates

RIMONA LEVINE, et al., plaintiffs, v. CLYDE TAYLOR, et al., defendants third-party plaintiffs-appellants; Sharon Cabasso, et al., third-party defendants-respondents.

DECISION ORDER

ORDERED that the order and judgment is affirmed, with costs.

It is undisputed that the vehicle operated by the third-party defendant Sharon Cabasso was struck in the rear by a vehicle operated by the plaintiff Rimona Levine, which was struck from behind by a vehicle operated by the defendant Clyde Taylor. A rear-end collision is sufficient to create a prima facie case of liability and imposes a duty of explanation with respect to the operator of the offending vehicle (see, Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 135 ; Gambino v. City of New York, 205 A.D.2d 583 ). Conclusory allegations in opposition do not rebut the inference of negligence created by the unexplained rear-end collision (see, Young v. City of New York, 113 A.D.2d 833, 834 ).

In the case at bar, Taylor admitted that he did not see Levine's car strike Cabasso's car. Yet, he told the police that Cabasso's car had stopped short. Such speculation is insufficient to defeat a motion for summary judgment (see, Itingen v. Weinstein, 260 A.D.2d 440 ).

In any event, assuming that Taylor raised an issue of fact as to whether Cabasso stopped short before the impact, his testimony, to the effect that the accident was caused by Cabasso's sudden stop, was insufficient to rebut the presumption that he was negligent (see, Leal v. Wolff, 224 A.D.2d 392 ; Silberman v. Surrey Cadillac Limousine Serv., 109 A.D.2d 833 ). Accordingly, the Supreme Court properly granted the motion of the third-party defendants to dismiss the third-party complaint (see, Starace v. Inner Circle Qonexions, 198 A.D.2d 493 ).

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.

Use AI to get other relevant cases.

Comments

LEVINE v. TAYLOR
(Jan 31, 2000)