Ahmad v. Grimaldi
| Citation | 834 N.Y.S.2d 480,40 A.D.3d 786,2007 NY Slip Op 04240 |
| Decision Date | 15 May 2007 |
| Docket Number | 2006-11628. |
| Parties | RAFIQUE AHMAD et al., Respondents, v. JOSEPH GRIMALDI et al., Appellants. |
| Court | New York Supreme Court Appellate Division |
Ordered that the order is affirmed, without costs or disbursements.
The vehicle owned by the defendant Joseph Grimaldi and operated by the defendant J.J. Grimaldi, 3rd, rear-ended the vehicle operated by the plaintiff Rafique Ahmad while both vehicles were on an entrance ramp to the Brooklyn-Queens Expressway. The plaintiff Abul Kashem was a passenger in Ahmad's vehicle.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the inference of 0 negligence by providing a non-negligent explanation for the collision (see Hakakian v McCabe, 38 AD3d 493 [2007]; Campbell v City of Yonkers, 37 AD3d 750 [2007]; Levin v Chaudhry, 26 AD3d 472, 473 [2006]; Niyazov v Bradford, 13 AD3d 501, 501-502 [2004]).
The Supreme Court correctly granted the plaintiffs' motion for summary judgment on the issue of liability (see Lopez v Minot, 258 AD2d 564, 565 [1999]). After the plaintiffs made out a prima facie case of negligence, the defendants failed to rebut the inference of negligence by providing a non-negligent explanation for the collision (see Russ v Investech Sec., 6 AD3d 602 [2004]).
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