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FARRINGTON v. NEW YORK CITY TRANSIT AUTHORITY

33 A.D.3d 332 (2006)

822 N.Y.S.2d 51

LERON FARRINGTON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, and HECTOR G. FRIAS, Appellant.

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

Decided October 3, 2006.

The record does not support the assertion by defendant Frias, the driver of the car in which plaintiff was a passenger, that the Transit Authority vehicle in front of him had stopped suddenly, so as to rebut the presumption of Frias's negligence in this rear-end collision (Agramonte v City of New York, 288 A.D.2d 75 [2001]; see also Mullen v Rigor, 8 A.D.3d 104 [2004]). There is no testimony...

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