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Moylett v. Zioulis

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 396 (N.Y. App. Div. 1997)

Opinion

May 12, 1997

Appeal from the Supreme Court, Queens County (Dye, J.).


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.


Summaries of

Moylett v. Zioulis

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 396 (N.Y. App. Div. 1997)
Case details for

Moylett v. Zioulis

Case Details

Full title:FLORENCE M. MOYLETT et al., Respondents, v. PASCHLIS ZIOULIS et al.…

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

Date published: May 12, 1997

Citations

239 A.D.2d 396 (N.Y. App. Div. 1997)
658 N.Y.S.2d 893

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