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ZIMINSKI v. ROSENTHAL

276 A.D.2d 790 (2000)

715 N.Y.S.2d 331

RICHARD ZIMINSKI, Respondent, v. ALAN ROSENTHAL et al., Appellants.

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

Decided October 30, 2000.

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the motor vehicle owned and operated by the plaintiff was safely stopped behind three other stopped vehicles at a red light when it was hit in the rear by a truck operated by the defendant Gary Padin. Accordingly, the plaintiff made a prima facie showing that he was not negligent (see, Cerda v Parsley, 273 A.D.2d 339; Leal v Wolff...

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