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RODRIGUEZ v. NEW YORK CROSS

Index No. 24120/19E. Appeal No. 14910. Case No. 2021-01558.

200 A.D.3d 624 (2021)

155 N.Y.S.3d 770

2021 NY Slip Op 07529

Manuel Rodriguez, Respondent, et al., Plaintiffs, v. New York Cross et al., Appellants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( John Sandercock of counsel), for appellants.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

Plaintiff established prima facie his entitlement to summary judgment by submitting an affidavit that he was stopped at a red light when defendants' vehicle struck the rear of his vehicle (see Santos v Booth, 126 A.D.3d 506, 506 [1st Dept 2015]; Johnson v Phillips, 261 A.D.2d 269, 271 [1st Dept 1999]). In opposition, defendants failed to provide a nonnegligent explanation for the accident...

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