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JOPLIN v. CITY OF NEW YORK

12128, 310197/09

116 A.D.3d 443 (2014)

982 N.Y.S.2d 762

2014 NY Slip Op 2335

NICHOLAS JOPLIN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 3, 2014.

In its prior order, the court granted plaintiff's motion based on the undisputed evidence that plaintiff's car was stopped at an intersection when it was hit in the rear by defendants' vehicle. Defendants' motion for renewal should have been denied. The purported new evidence consisting of plaintiff's deposition testimony did not warrant a different outcome (see Matter of Santiago v New York City Tr. Auth.,

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