Abdullah v City of New York

Holding The Appellate Division reversed the lower court’s order, denying the defendants’ motion for summary judgment on the serious injury threshold because the plaintiff raised a triable issue of fact regarding causation. The court granted the plaintiff’s motion for summary judgment on liability, finding that the rear-end collision established negligence and that the plaintiff was not comparatively at fault.

The court’s words

the defendants failed to establish, prima facie, that the injuries to the plaintiff's left shoulder and the cervical and lumbar regions of his spine were not caused by the accident

2026 NY Slip Op 05508, at the official text

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 05508, at the official text

the plaintiff also established, prima facie, that he was entitled to judgment as a matter of law dismissing the affirmative defense alleging comparative fault

2026 NY Slip Op 05508, at the official text