Golubchik v. Das Trading Corp.

Appellate Division of the Supreme Court of New York

Golubchik v. Das Trading Corp.

62 A.D.3d 480, 879 N.Y.S.2d 408

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 2009

StatusPublished

This text of 62 A.D.3d 480 (Golubchik v. Das Trading Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Golubchik v. Das Trading Corp., 62 A.D.3d 480, 879 N.Y.S.2d 408 (N.Y. Ct. App. 2009).

Pincite

Opinion

Order, Supreme Court, Bronx County (Cynthia S. Kern, J.), entered November 20, 2008, which denied the motion of defendants New York City Ambulette and Arkady Neyshtat for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of said defendants dismissing the complaint as against them.

Plaintiff, a passenger in an ambulette owned by New York City Ambulette and driven by Arkady Neyshtat, seeks damages from defendants for injuries sustained in an accident when the ambulette was hit from behind by a van owned by defendant Das Trading Corp. and driven by defendant Wei Pan.

A rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the moving vehicle (see Mankiewicz v Excellent, 25 AD3d 591, 592 [2006]; Johnson v Phillips, 261 AD2d 269, 271 [1999]). Here, defendants New York City Ambulette and Neyshtat established their prima facie entitlement to judgment as a matter of law, by submitting evidence that Neyshtat was stopped in the left lane on the Brooklyn-Queens Expressway. Defendant Pan fails to raise an issue of fact in rebuttal. Concur—Andrias, J.P., Friedman, Buckley, Acosta and DeGrasse, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Cynthia S. Kern, J.), entered November 20, 2008, which denied the motion of defendants New York City Ambulette and Arkady Neyshtat for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of said defendants dismissing the complaint as against them.

Plaintiff, a passenger in an ambulette owned by New York City Ambulette and driven by Arkady Neyshtat, seeks damages from defendants for injuries sustained in an accident when the ambulette was hit from behind by a van owned by defendant Das Trading Corp. and driven by defendant Wei Pan.

A rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the moving vehicle (see Mankiewicz v Excellent, 25 AD3d 591, 592 [2006]; Johnson v Phillips, 261 AD2d 269, 271 [1999]). Here, defendants New York City Ambulette and Neyshtat established their prima facie entitlement to judgment as a matter of law, by submitting evidence that Neyshtat was stopped in the left lane on the Brooklyn-Queens Expressway. Defendant Pan fails to raise an issue of fact in rebuttal. Concur—Andrias, J.P., Friedman, Buckley, Acosta and DeGrasse, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

62 A.D.3d 480, 879 N.Y.S.2d 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golubchik-v-das-trading-corp-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack