What Is a Prima Facie Case in NY No-Fault?

In New York law, a prima facie case is the minimum evidence a party must produce — viewed in the light most favorable to that party — to support a finding on every element of a claim or charge. It is a threshold burden, not proof beyond a reasonable doubt or preponderance of the evidence.

Key Takeaways

• “Prima facie” is Latin for “at first sight.” A prima facie case is what a party must show to clear the threshold — survive a motion to dismiss, defeat summary judgment, or warrant a grand jury indictment.
• In New York civil practice, the plaintiff submits evidence that, accepted as true, establishes every element of the claim; the burden then shifts to the defendant to raise a triable issue of fact.
• On a CPLR 3212 summary-judgment motion, the movant must make a “prima facie showing of entitlement to judgment as a matter of law.” Alvarez v. Prospect Hospital, 68 N.Y.2d 320, 324 (1986); Winegrad v. NYU Med. Ctr., 64 N.Y.2d 851, 853 (1985).
• In New York criminal practice, the grand jury may indict only on “legally sufficient evidence” — a prima facie case — under CPL 190.65 and CPL 70.10(1). The same showing is required at a felony hearing under CPL 180.70.
• Prima facie is a lower standard than preponderance of the evidence (the civil-trial standard) and far below beyond a reasonable doubt. It is the gatekeeping burden, not the winning burden.
• A prima facie case can be rebutted. Failure to rebut with admissible evidence means the prima facie showing controls.
• Common contexts in New York PI practice: rear-end collisions, premises-liability slip-and-falls, defective-product claims, and serious-injury threshold motions under Insurance Law § 5102(d).

What is a prima facie case?

The term prima facie comes from Latin and translates literally as “at first sight” or “on first appearance.” Black’s Law Dictionary defines a prima facie case as a party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor — unless and until the opposing side rebuts.

It is the minimum quantum of evidence to push the matter forward — not a win, just a refusal to be cut off early. It appears in three main New York contexts: (1) dispositive motion practice (CPLR 3211 and 3212), (2) grand jury and felony hearing practice, and (3) burden-shifting frameworks in causes of action like employment discrimination, premises liability, and no-fault first-party benefits.

Prima facie case in New York civil litigation

Most working New York civil litigators encounter the prima facie standard on CPLR 3212 summary-judgment motions. The Court of Appeals’ canonical formulation is from Alvarez v. Prospect Hospital, 68 N.Y.2d 320, 324 (1986): the proponent must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact.

If the moving party fails to make that prima facie showing, the motion is denied regardless of the sufficiency of the opposing papers (Winegrad v. NYU Med. Ctr., 64 N.Y.2d 851, 853 (1985)). Only after the moving party clears the prima facie bar does the burden shift to the opposing party to produce admissible evidence raising a triable issue of fact (Zuckerman v. City of New York, 49 N.Y.2d 557 (1980)).

CPLR 3211 vs. CPLR 3212 — different prima facie tests

A CPLR 3211(a)(7) motion to dismiss for failure to state a cause of action is decided on the pleadings. The court accepts the complaint’s allegations as true and asks only whether they state a cognizable claim. There is no prima facie evidentiary burden on a 3211 motion — just a legal-sufficiency screen.

A CPLR 3212 summary-judgment motion is different. The movant must produce admissible evidence — affidavits with personal knowledge, certified records, deposition transcripts — showing every element either is or cannot be established. The opposing party must then produce admissible evidence creating a genuine factual dispute. See the CPLR 3212 paradigm and the CPLR 3212(a) timing rules for the procedural details.

What “burden shifting” really means

Burden shifting on summary judgment is not a transfer of the ultimate burden of persuasion at trial — the plaintiff must still prove every element by a preponderance at trial. It just means the moving party went first, made a prima facie showing, and the opposing party must now come forward with admissible evidence or lose. The dynamic matters most in employment discrimination, no-fault medical-provider, and § 5102(d) serious-injury practice.

Prima facie case in New York criminal procedure

In criminal practice, the prima facie concept governs the grand jury and the felony hearing — both pretrial gatekeeping mechanisms.

Grand jury indictment — CPL 190.65 and CPL 70.10(1)

Under CPL 190.65(1), a grand jury may indict only when the evidence (a) is “legally sufficient” and (b) provides reasonable cause to believe the defendant committed the offense. CPL 70.10(1) defines “legally sufficient evidence” as “competent evidence which, if accepted as true, would establish every element of an offense charged” — the textbook definition of a prima facie case. The leading case is People v. Swamp, 84 N.Y.2d 725, 730 (1995), which confirms that this standard is a far lower bar than the trial standard of beyond a reasonable doubt. The grand jury is not deciding guilt; it is screening whether the prosecution has enough to send the case to a petit jury.

Felony hearing — CPL 180.70

At a felony hearing under CPL 180.70, the People must establish reasonable cause that a felony was committed and that the defendant committed it — essentially a prima facie case. Defense counsel typically tries to defeat it on a single weak element (chain-of-custody, identification, or mens rea) to obtain dismissal or reduction at the local-criminal-court level.

Prima facie elements vs. preponderance of the evidence

This is one of the most-confused points in legal practice.

A plaintiff who has made out a prima facie case has not yet won — she has only earned the right to put her case to a jury, where she must still prove every element by a preponderance of the evidence. The lower threshold gets the case to a jury; the higher threshold gets the verdict.

Examples of prima facie cases in New York personal injury practice

What the prima facie showing looks like in three common Long Island PI case types.

Rear-end motor vehicle collision

New York’s long-standing rule is that a rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence against the rear driver and imposes a duty on that driver to come forward with a non-negligent explanation. Tutrani v. County of Suffolk, 10 N.Y.3d 906 (2008); Vehicle & Traffic Law § 1129(a). The four elements — duty, breach, causation, damages — are typically all satisfied by the police report, the plaintiff’s affidavit, and proof of injury and property damage. See our Long Island car accident lawyer hub.

Premises liability slip-and-fall

Plaintiff’s prima facie case requires (1) a dangerous condition; (2) that the defendant created the condition, had actual notice, or had constructive notice — i.e., the condition existed long enough that the defendant should have discovered it (Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)); (3) causation; and (4) damages. The defense’s most common move is to defeat constructive notice with inspection logs and surveillance. See our Long Island premises liability attorney page for the full framework.

Defective product claim

A products-liability prima facie case typically requires (1) a defect (design, manufacturing, or failure-to-warn), (2) that the defect existed when the product left the manufacturer’s control, (3) causation, and (4) damages. Engineering or human-factors expert testimony is almost always part of the prima facie showing. See our personal injury practice overview and the legal encyclopedia for cross-cutting research on New York civil procedure.

Frequently Asked Questions

What does prima facie mean in simple terms?

Prima facie is Latin for “at first sight” or “on its face.” In law, it describes evidence that, if accepted as true, is enough to establish a claim or charge before any rebuttal. A prima facie case is the minimum evidence to move past dismissal.

What is a prima facie case in civil court?

In a civil case, a prima facie case is the showing needed to survive dismissal and reach the jury. On a New York CPLR 3212 summary-judgment motion, the movant must make a “prima facie showing of entitlement to judgment as a matter of law.” If made, the burden shifts to the opposing party to raise a triable issue of fact with admissible evidence.

How is a prima facie case different from a verdict?

A prima facie case is a threshold showing — the minimum evidence to keep the case going. A verdict is the final decision after all the evidence is in. A plaintiff who establishes a prima facie case has earned the right to put her proof to the fact-finder, who decides the case under the applicable trial standard (usually preponderance of the evidence in civil cases).

What happens if a plaintiff fails to make a prima facie case?

The defendant wins dismissal at the relevant procedural stage. The typical vehicles are a CPLR 3211(a)(7) motion to dismiss, a CPLR 3212 motion for summary judgment, or a motion for a directed verdict at the close of the plaintiff’s trial proof. In each case the result is the same: the plaintiff’s claim is over.

What is prima facie evidence?

“Prima facie evidence” is evidence that, on its face and absent contradiction, is sufficient to establish a fact or claim. New York statutes designate certain documents — certified business records, official certificates, regulatory filings — as prima facie evidence of their contents. If no rebuttal is offered, the prima facie evidence stands.

Can a prima facie case be rebutted?

Yes — the whole point of the prima facie standard is that it is rebuttable. Once one side establishes a prima facie case, the burden of going forward shifts to the opposing party. On a CPLR 3212 motion, the rebuttal must come in admissible form — affidavits with personal knowledge, certified records, deposition transcripts. Failure to rebut means the prima facie showing controls.

Talk to a Long Island attorney about your prima facie case

The strength of a prima facie case is often the difference between a quick dismissal and a viable lawsuit. Whether you are clearing the threshold or trying to defeat one, the evidence is highly fact-specific. Our firm handles civil-procedure motions across the spectrum — summary-judgment practice in personal injury cases, no-fault first-party benefits litigation, and CPLR 3211 motion-to-dismiss standards. See also our legal encyclopedia. Initial consultations are free — call (516) 750-0595.

Related Articles

• Long Island Car Accident Lawyer
• Personal Injury Practice Overview
• Legal Encyclopedia
• The CPLR 3212 paradigm
• CPLR 3212(a) summary judgment timing rules
• The Fourth Department on what constitutes a prima facie case (no-fault)
• Carothers v. Geico: The No-Fault Business Records Showdown
• Understanding Prima Facie Cases in New York No-Fault Insurance Law