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Lepta Taxi Corp v. Marvin H. Lindsey

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


July 12, 2012

LEPTA TAXI CORP., APPELLANT, --
v.
MARVIN H. LINDSEY,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered December 17, 2010.

Lepta Taxi Corp. v Lindsey

Decided on July 12, 2012

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., RIOS and ALIOTTA, JJ

The order denied plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the order is reversed, without costs, and plaintiff's motion for summary judgment on the issue of liability is granted.

In this action to recover for property damage arising from a motor vehicle accident, plaintiff moved for summary judgment on the issue of liability. In support of the motion, plaintiff submitted, among other things, an affidavit by an individual who had been driving plaintiff's vehicle, attesting to the fact that plaintiff's vehicle had been struck in the rear while it was stopped at a red light. As a rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the moving vehicle (see e.g. Perez v Roberts, 91 AD3d 620 [2012]; Franco v Breceus, 70 AD3d 767 [2010]) and as defendant failed to rebut the inference of negligence, plaintiff's motion should have been granted.

Accordingly, the order is reversed and plaintiff's motion for summary judgment on the issue of liability is granted. .

Pesce, P.J., Rios and Aliotta, JJ., concur.

Decision Date: July 12, 2012

20120712

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