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FRANCIS v. PINKHASOV

2009-00403

71 A.D.3d 630 (2010)

896 N.Y.S.2d 393

ANGELICA FRANCIS, Respondent, v. IGOR PINKHASOV et al., Defendants, and RAFAEL SERRANO et al., Appellants.

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

Decided March 2, 2010.

Ordered that the judgment is affirmed, with costs.

"A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on that operator to provide a non-negligent explanation for the collision" (Ortiz v Haidar, 68 A.D.3d 953, 953 [2009]; see Arias v Rosario, 52 A.D.3d 551

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