Chowdhury v. Matos

In Chowdhury v. Matos, 118 A.D.3d 488 (1st Dept. 2014), the Court reversed the denial of summary judgment by an occupant of the lead vehicle that was rear-ended at an intersection, holding that contrary to defendants' contention that an abrupt stop raises an issue of comparative negligence, a claim that the lead vehicle stopped suddenly is generally insufficient to rebut the presumption of negligence on the part of the offending vehicle. The Court further held that "even crediting the testimony of defendant Torres that Jiang abruptly stopped in the middle of the intersection and not for a red light, defendants have failed to proffer a nonnegligent explanation for the rear-end collision."