McAvoy v. Eighamri, 194 N.Y.S.3d 147, 2023 N.Y. Slip Op. 04202

A passenger in the leading vehicle, a taxi, filed suit for personal injuries against the driver of the leading vehicle, the driver of the following vehicle, and the owner of the following vehicle after a rear-end collision. The leading driver filed a motion for summary judgment, which was denied by the Supreme Court, Kings County.

This court affirmed, holding that there is a triable issue of fact as to whether the leading driver was also at fault, precluding summary judgment. A triable issue of fact existed as to whether the leading driver was fully stopped for a red light when his taxi was rear-ended by following vehicle, or whether he accelerated in an attempt to beat a yellow traffic light and then came to a sudden stop in the middle of an intersection when the light was still yellow.

The court notes that, in addition to duties of an approaching vehicle to maintain a reasonably safe distance and speed, the frontmost driver has a duty to not stop suddenly or slow down without proper signaling.