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DILEO v. GREENSTEIN

281 A.D.2d 586 (2001)

722 N.Y.S.2d 259

VIRGINIA DILEO et al., Appellants, v. MARC B. GREENSTEIN, Respondent. (And a Third-Party Action.)

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

Decided March 26, 2001.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

A rear-end collision with a stopped vehicle establishes prima facie that the driver of the moving vehicle was negligent and imposes a duty on him or her to explain how the accident occurred (see, Leal v Wolff, 224 A.D.2d 392; Gambino v City of New York, 205 A.D.2d 583). If the operator of the moving...

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