CABRERA v. RODRIGUEZ

2518, 15792/05

72 A.D.3d 553 (2010)

900 N.Y.S.2d 29

GLORYA F. CABRERA, Appellant, v. RAMON F. RODRIGUEZ, Defendant, and CERDA CORP., Respondent.

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

Decided April 22, 2010.


A claim that the driver of the lead vehicle made a sudden stop, standing alone, is insufficient to rebut the presumption of negligence (see id.; Farrington v New York City Tr. Auth., 33 A.D.3d 332 [2006] [defendant first saw stopped vehicle three or four seconds before impact; even if brake lights not functioning, such failure would not adequately rebut inference of defendant's negligence]; Francisco v Schoepfer,<...

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