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GARCIA v. COTZOMI

2020-09428, Index No. 528064/19.

206 A.D.3d 626 (2022)

167 N.Y.S.3d 407

2022 NY Slip Op 03500

Andriana M. Garcia, Appellant, v. Gregorio Cotzomi, Respondent.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

William Pager, Brooklyn, NY, for appellant.

Baker, McEvoy & Moskovits, P.C. (Marjorie E. Bornes, Brooklyn, NY, of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

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 non-negligent explanation for the collision (see Tutrani v County of Suffolk, 10 N.Y.3d 906 [2008]; Pollet v Charyn, 200 A.D.3d 728 [2021...

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