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MORALES v. GARZON

301781/07, 13006A, 13006

120 A.D.3d 1126 (2014)

992 N.Y.S.2d 418

2014 NY Slip Op 06279

BENJAMIN MORALES, Appellant, v. JORGE GARZON et al., Respondents.

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

Decided September 23, 2014.

Defendants established under any version of the facts that plaintiff was negligent, by demonstrating that, while under a darkened overpass, their tractor-trailer was struck in the rear by plaintiff's box truck. Plaintiff failed to provide a nonnegligent explanation for the collision (see Avant v Cepin Livery Corp., 74 A.D.3d 533 [1st...

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