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GARCES v. KARABELAS

17 A.D.3d 633 (2005)

794 N.Y.S.2d 75

BARBARA J. GARCES, Appellant, v. ALEXANDER H. KARABELAS et al., Defendants, and BRUCE KAHL et al., Respondents.

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

April 25, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

A rear-end collision with a stopped vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on the operator of the moving vehicle to provide a nonnegligent explanation for the happening of the accident to rebut the inference of negligence (see Hollis v Kellog, 306 A.D.2d 244 [2003]; Leal...

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