ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05820
Area of lawPersonal Injury and Negligence
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05820
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1043

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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Published October 7, 2026. Updated October 7, 2026.