Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05820
Rodriguez v Duffy
Read the official decision: 2026 NY Slip Op 05820
Holding The court affirmed summary judgment for the plaintiff, holding that a rear-end collision establishes a prima facie case of negligence that the defendant failed to rebut. The defendant’s claim that a sudden stop by the lead vehicle caused the accident was insufficient to raise a triable issue of fact given the foreseeable traffic conditions.
The court’s words
a rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle
2026 NY Slip Op 05820, at the official text
vehicle stops which are foreseeable under the prevailing traffic conditions, even if sudden and frequent, must be anticipated by the driver who follows
2026 NY Slip Op 05820, at the official text
the defendant's assertion that it was the sudden stop of the lead vehicle which caused the accident was insufficient
2026 NY Slip Op 05820, at the official text
the plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability
2026 NY Slip Op 05820, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05820 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05820 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1043 |
Recommended citation
ESQ HQ, New York Law Watch, Rodriguez v Duffy, 2026 NY Slip Op 05820 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05820/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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