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KALAIR v. FAJERMAN

Index No. 23530/19E. Appeal No. 15367. Case No. 2021-03154.

202 A.D.3d 625 (2022)

164 N.Y.S.3d 106

2022 NY Slip Op 01244

Tahir Kalair, Respondent, v. Kalilah R. Fajerman et al., Appellants.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Mulholland Minion Davey McNiff & Beyrer, Williston Park (Morgann C. McCarthy) for appellants.

William Schwitzer & Associates, P.C., New York (D. Allen Zachary of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

The law is well established that that a rear-end collision with a stopped vehicle, or with a vehicle that is coming to a stop, creates a prima facie case of negligence by the operator of the rear vehicle unless the operator proffers an adequate non-negligent explanation for the accident (see Urena v GVC Ltd., 160 A.D.3d 467, 467 [1st Dept 2018]). Plaintiff made a prima facie showing of his entitlement to summary judgment on the issue...

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