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SHELTON v. RIVERA

286 A.D.2d 587 (2001)

730 N.Y.S.2d 219

CATHERINE SHELTON, Respondent, v. JOSELITO RIVERA et al., Respondents, and DIANE SHELTON, Appellant.

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

Decided September 13, 2001.

This personal injury action arises from a rear-end collision in which the Rivera vehicle collided with the Shelton automobile. Although the Rivera defendants had the burden of overcoming a presumption of negligence since their vehicle was behind Shelton's, they did not provide a non-negligent explanation sufficient to raise a triable issue of fact (Barba v Best Sec. Corp., 235 A.D.2d 381) and, as such, Shelton is entitled to summary...

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