MALONE v. MORILLO


6 A.D.3d 324 (2004)

775 N.Y.S.2d 312

RUSSELL D. MALONE, Respondent, v. JOSE MORILLO et al., Appellants.

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

April 27, 2004.


Plaintiff allegedly sustained personal injuries when his motor vehicle rear-ended defendants' motor vehicle after it abruptly stopped in a light-controlled intersection. Defendants subsequently moved for summary judgment, contending that they were stopped for a red light at the time of the occurrence and plaintiff failed to demonstrate a nonnegligent explanation for the rear-end collision. Plaintiff proffered that defendants' vehicle suddenly stopped in the intersection while...

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