Al-Hamid v New York City Tr. Auth.

Holding The court granted summary judgment on liability against the rear-end driver because their claim of brake failure was contradicted by evidence that the brakes were functioning properly. The court also granted summary judgment dismissing the comparative fault defense, as the plaintiff was an innocent passenger, but denied the motion to dismiss the seatbelt defense due to triable issues 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 06403, at the official text

Tan's conclusory assertion of brake failure was contradicted by the Starway defendants' own evidence that indicated that the brakes on the Starway vehicle were tested after the accident and were working properly

2026 NY Slip Op 06403, at the official text

the plaintiff established, prima facie, that she was entitled to summary judgment dismissing the defendants' affirmative defenses alleging comparative fault, as she was an innocent passenger who did not engage in any culpable conduct

2026 NY Slip Op 06403, at the official text