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

FLORENCE M. MOYLETT et al., Respondents, v. PASCHLIS ZIOULIS et al., Appellants.

Ordered that the order is affirmed, with costs.

It is well settled that a rear-end collision into an automobile stopped for a red light creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty of explanation on the operator of the moving vehicle (see, Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 135; Leal v. Wolff; 224 A.D.2d 392; Gambino v. City of New York, 205 A.D.2d 583). Since the defendants failed to come forward with evidentiary facts sufficient to raise a triable issue of fact regarding a defense or as to any negligent conduct on the part of the plaintiffs (see, Carter v. Castle Elec. Constr. Co., 26 A.D.2d 83, 85), the Supreme Court properly granted partial summary judgment on the issue of liability to the plaintiffs.

The defendants' remaining contentions are without merit.

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Use AI to get other relevant cases.

Comments

MOYLETT v. ZIOULIS
(May 12, 1997)