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HATZIS v. BELLIARD

13 A.D.3d 106 (2004)

786 N.Y.S.2d 40

NICKI HATZIS et al., Appellants, v. MARTIN BELLIARD et al., Respondents. (And a Third-Party Action.)

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

December 7, 2004.

Defendants made a prima facie showing that the accident was not due to their negligence, namely, that their vehicle was pushed into the rear of plaintiffs' vehicle when it was itself hit in the rear by another vehicle. This shifted the burden to plaintiffs to raise an issue of fact as to defendants' negligence (see Cerda v Parsley, 273 A.D.2d 339, 340 [2000]). Plaintiffs failed to meet this burden. Their passenger's affidavit does...

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