McKenna v. Schatzel

Appellate Division of the Supreme Court of New York

McKenna v. Schatzel

272 A.D.2d 307, 707 N.Y.S.2d 357, 2000 N.Y. App. Div. LEXIS 4841

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 2000·Published

Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated May 10, 1999, which granted the plaintiffs motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The defendant failed, as a matter of law, to rebut the presumption of negligence arising from his rear-end collision with the plaintiffs vehicle (see, Benyarko v Avis Rent A Car Sys., 162 AD2d 572, 573; Young v City of New York, 113 AD2d 833). Goldstein, J. P., Florio, Feuerstein and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated May 10, 1999, which granted the plaintiffs motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The defendant failed, as a matter of law, to rebut the presumption of negligence arising from his rear-end collision with the plaintiffs vehicle (see, Benyarko v Avis Rent A Car Sys., 162 AD2d 572, 573; Young v City of New York, 113 AD2d 833). Goldstein, J. P., Florio, Feuerstein and Schmidt, JJ., concur.

McKenna v. Schatzel, 272 A.D.2d 307, 707 N.Y.S.2d 357, 2000 N.Y. App. Div. LEXIS 4841 (N.Y. Ct. App. 2000).

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