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ROMERO v. VALDEZ

Index No. 23637/20E. Appeal No. 14364. Case No. 2021-00676.

198 A.D.3d 496 (2021)

156 N.Y.S.3d 19

2021 NY Slip Op 05650

Roberto Romero, Jr., Appellant, v. Luis Javier Valdez et al., Respondents.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Brand Brand Nomberg & Rosenbaum, LLP, New York ( Brett J. Nomberg of counsel), for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale ( Ari N. Rubel of counsel), for respondents.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.

Plaintiff established prima facie that defendants were negligent in connection with the collision between his car and their van by showing that the van rear-ended his disabled car (see Morgan v Browner, 138 A.D.3d 560 [1st Dept 2016]). Plaintiff submitted an affidavit that his car was partly on the shoulder of the roadway and partly in the left lane, due to the narrow width of the shoulder...

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