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KAUFMAN v. GILBERT

45 A.D.3d 372 (2007)

846 N.Y.S.2d 28

ERIC KAUFMAN, Respondent, v. JOSEPH GILBERT, Defendant, KIMCO REALTY CORPORATION et al., Respondents, and GMAC LEASING CORPORATION, Appellant.

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

Decided November 15, 2007.

The facts of this case, including defendant Gilbert's testimony that before the accident his view was unobstructed for more than 30 feet and not impaired by any lack of lighting and that he had backed up his vehicle only 15 feet before striking plaintiff, support the court's finding as a matter of law that the proximate cause of the accident was Gilbert's negligence in reversing without taking adequate precautions and not the lighting...

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