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TOULSON v. YOUNG HAN PAE

6 A.D.3d 292 (2004)

774 N.Y.S.2d 706

KIMBERLY TOULSON, Appellant, et al., Plaintiffs, v. YOUNG HAN PAE et al., Respondents.

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

April 22, 2004.

Defendants' failure to rebut the presumption of defendant Lazaro's negligence created by his rear-end collision with plaintiff's stopped vehicle entitles plaintiff to summary judgment on liability (see Burns v Gonzalez, 307 A.D.2d 863, 865 [2003]). In view of defendant's admission that plaintiff's vehicle was stopped before he rear-ended it, his claim that she failed to timely activate her turn signal does not raise an issue of fact...

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