Escobar v Sanchez

Holding The court affirmed the summary judgment dismissing cross-claims against the front driver and finding liability for the rear-end collision, as the rear driver failed to provide a nonnegligent explanation. The emergency doctrine defense was rejected because the defendant’s affidavit contradicted his earlier statements in the police report, constituting a feigned issue of fact.

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 05936, at the official text

An affidavit submitted by Sanchez contradicted his statements immediately following the accident, as reflected in a police accident report

2026 NY Slip Op 05936, at the official text

Sanchez's proffered need to conduct depositions did not warrant denial of the motions or cross-motion

2026 NY Slip Op 05936, at the official text