NEIDEREGER v. MISURACA


27 A.D.3d 537 (2006)

811 N.Y.S.2d 758

ALAN NEIDEREGER, Appellant, v. SALVATORE V. MISURACA, Defendant, and BRUNO ROESSLER, Respondent. (And a Third-Party Action.)

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

March 14, 2006.


Ordered that the judgment is affirmed, with costs.

The defendant Bruno Roessler satisfied his prima facie burden of demonstrating entitlement to judgment as a matter of law and, in opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). "A rear-end collision with a stopped or stopping vehicle creates a prima facie...

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