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JACKSON v. DIABATE

274 A.D.2d 356 (2000)

712 N.Y.S.2d 353

TAWANA JACKSON, Respondent, v. HAMIDOU DIABATE, Appellant, and CLYDE SMYTHE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided July 27, 2000.

Defendant-appellant, the driver of the vehicle in which plaintiff was a passenger, was entitled to summary judgment in this personal injury action inasmuch as plaintiff's unrebutted testimony conclusively established that said vehicle was struck from the rear while stopped for a red light (Diller v City of N. Y. Police Dept., 269 A.D.2d 143; Rue v Stokes, 191 A.D.2d 245; see also, Johnson...

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