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Mullen v. Rigor

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2004
8 A.D.3d 104 (N.Y. App. Div. 2004)

Opinion

3652.

Decided June 15, 2004.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 15, 2003, which denied the motion of defendants Jaswinder Singh and Marlboro Cab Corporation for summary judgment dismissing the complaint and any cross claims against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint and any cross claims as against them.

Norman Volk Associates, P.C., New York (Holly E. Peck of counsel), for appellants.

Mead, Hecht, Conklin Gallagher, LLP, Mamaroneck (Sara Luca Salvi of counsel), for respondents.

Before: Mazzarelli, J.P., Saxe, Sullivan, Friedman, Gonzalez, JJ.


The driver of a stopped vehicle which is struck from behind by another vehicle is entitled to summary judgment unless the driver of the following vehicle presents a non-negligent explanation for the accident ( Jean v. Xu, 288 A.D.2d 62), or a non-negligent reason for her failure to maintain a safe distance between her car and the lead car ( Mitchell v. Gonzalez, 269 A.D.2d 250, 251). It is undisputed that Singh's taxi, which was ahead of that of codefendant Rigor, was stopped when the accident occurred. The claim that the taxi stopped suddenly is not enough to rebut the presumption of non-negligence on the part of the lead vehicle ( see e.g. Agramonte v. City of New York, 288 A.D.2d 75, 76). Moreover, there is no testimony from defendant Rigor or plaintiff as to why a safe distance between the two vehicles could not have been maintained. Accordingly, there are no triable issues, and summary judgment should have been granted dismissing the matter as against Singh and Marlboro.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Mullen v. Rigor

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2004
8 A.D.3d 104 (N.Y. App. Div. 2004)
Case details for

Mullen v. Rigor

Case Details

Full title:SANDRA MULLEN, Plaintiff, v. JEAN RIGOR, ET AL., Defendants-Respondents…

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

Date published: Jun 15, 2004

Citations

8 A.D.3d 104 (N.Y. App. Div. 2004)
778 N.Y.S.2d 168

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