Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is affirmed, with costs.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate, nonnegligent explanation for the accident (see Neidereger v Misuraca, 27 A.D.3d 537 ; Garces v Karabelas, 17...
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