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SOTO-MAROQUIN v. MELLET

63 A.D.3d 449 (2009)

880 N.Y.S.2d 279

ADAN SOTO-MAROQUIN, Respondent, v. MAUREEN MELLET et al., Appellants.

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

Decided June 4, 2009.

The affidavit submitted by a passenger in defendants' vehicle stating that the accident occurred because plaintiff's vehicle came to a sudden stop fails to explain why defendant driver did not maintain a safe distance between herself and the vehicle ahead, and is otherwise insufficient to rebut the presumption that no negligence on plaintiff's part contributed to the accident (see Sosa v Rehmat, 46 A.D.3d...

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