Khodjaeva v City of New York

Holding The Appellate Division reversed the lower court’s denial of summary judgment, finding that the plaintiffs established a prima facie case of liability in a chain-collision accident by demonstrating their vehicle was stopped when struck from behind. The court held that the defendants failed to provide a nonnegligent explanation for the collision or evidence supporting their affirmative defenses of comparative negligence and assumption of risk.

The court’s words

A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle

2026 NY Slip Op 05295, at the official text

the defendant operator/owner of the middle vehicle 'may establish prima facie entitlement to judgment as a matter of law by demonstrating that the middle vehicle was properly stopped behind the lead vehicle when it was struck from behind by the rear vehicle and propelled into the lead vehicle'

2026 NY Slip Op 05295, at the official text

a plaintiff does not bear the burden of establishing the absence of his or her own comparative negligence

2026 NY Slip Op 05295, at the official text

the issue of a plaintiff's comparative negligence may be decided in the context of a summary judgment motion where the plaintiff moves for summary judgment dismissing a defendant's affirmative defense alleging comparative negligence and culpable conduct on the part of the plaintiff

2026 NY Slip Op 05295, at the official text

the defendants failed to submit evidence either denying the allegations of Khodjaeva and Gundogdu or offering a nonnegligent explanation for the collision

2026 NY Slip Op 05295, at the official text

Viera provided no explanation for the collision beyond his inability to brake in time before striking Khodjaeva's vehicle

2026 NY Slip Op 05295, at the official text

the defendants provided no evidentiary support for their contention that Khodjaeva was negligent or that her negligence was a proximate cause of the box truck striking her vehicle from the rear twice

2026 NY Slip Op 05295, at the official text