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SCIOLI v. JOSEPH

Index No. 154550/20. Appeal No. 15615. Case No. 2021-01682.

203 A.D.3d 680 (2022)

166 N.Y.S.3d 145

2022 NY Slip Op 02215

Nicholas Scioli, Respondent, v. Johnny Joseph et al., Appellants, et al., Defendants.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Shafer Partners, LLP, New York ( Delsia G. Marshall of counsel), for appellants.

Mitchell Dranow , Sea Cliff, for respondent.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

Plaintiff established prima facie that defendants were negligent by submitting an affidavit that he was stopped at a red traffic light when his vehicle was struck in the rear by a vehicle owned by Maggies Paratransit and operated by Joseph (see Cruz v Lise, 123 A.D.3d 514 [1st Dept 2014]). In opposition, defendants failed to provide a nonnegligent explanation for the accident (see Urena v GVC Ltd., 160 A.D...

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