AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

DEBORA DiPAOLA, Respondent, and RENEE BRENNER, Appellant, v. TOBI A. SCHERPICH et al., Appellants. (Action No. 1.) RENEE BRENNER, Appellant,

Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellants appearing separately and filing separate briefs.

This action arose out of a rear-end collision between vehicles driven by Debora DiPaola, in which Renee Brenner was a passenger, and Donald W. Scherpich. The deposition testimony of the parties conclusively established that DiPaola's vehicle was struck in the rear when she stopped in the intersection to yield to an ambulance displaying emergency lights. Under the circumstances, the inference of negligence arising from the rear-end collision was not rebutted by the allegation that DiPaola stopped suddenly (see, Gladstone v. Hachuel, 225 A.D.2d 730; Vehicle and Traffic Law § 1129[a]; § 1144).

Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.

Use AI to get other relevant cases.

Comments

DiPAOLA v. SCHERPICH
(May 19, 1997)