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FINNEY v. MORTON

2014-02332, Index No. 4654/13.

127 A.D.3d 1134 (2015)

7 N.Y.S.3d 508

2015 NY Slip Op 03497

AMY FINNEY, as Administratrix of the Estate of ROBERT C. FINNEY, JR., Deceased, Appellant, v. CHRISTOPHER A. MORTON, JR., Respondent.

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

Decided April 29, 2015.

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Forman, J.), dated January 30, 2014, which denied her motion for summary judgment on the issue of liability.

Ordered that the order 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...

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