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MARKESINIS v. JAQUEZ

2012-06013.

106 A.D.3d 961 (2013)

965 N.Y.S.2d 363

2013 NY Slip Op 3641

NICHOLAS MARKESINIS, Appellant, v. RONI J. JAQUEZ et al., Respondents.

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

Decided May 22, 2013.

Ordered that the order is affirmed, with costs.

A rear-end collision with a stopped 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 rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Tutrani v County of Suffolk, 10 N.Y.3d 906 [2008]; Pollard v Independent Beauty & Barber Supply Co...

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