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RUSSO v. SABELLA BUS CO.

275 A.D.2d 660 (2000)

713 N.Y.S.2d 315

LOUIS J. RUSSO, Appellant, v. SABELLA BUS CO. et al., Respondents.

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

Decided September 26, 2000.

Defendants' disabled vehicle was stationary in the right lane of a highway when it was rear-ended by plaintiff's vehicle. Such circumstances create a presumption that the accident was due to plaintiff's fault (see, Mitchell v Gonzalez, 269 A.D.2d 250, 251), requiring him, in order to avoid dismissal of the action, to come forward with evidence that the accident was at least in part due to defendants' fault. Plaintiff failed to come...

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