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VESPE v. KAZI

62 A.D.3d 408 (2009)

878 N.Y.S.2d 46

JOHANNA KING VESPE, Appellant, v. ALI A. KAZI et al., Defendants, and LUIS B. PADILLA, Respondent. (And a Third-Party Action.)

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

Decided May 5, 2009.

Plaintiff was a passenger in the second vehicle in a four-vehicle accident, in which that second vehicle rear-ended defendant Padilla's lead vehicle, which was stopped in the right lane of a bridge due to a mechanical failure.

"[A] rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the second vehicle" (Johnson v Phillips, 261 A.D.2d 269, 271 [1999]). Here...

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