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MEDINA-ORTIZ v. SEDA

5429.

157 A.D.3d 499 (2018)

67 N.Y.S.3d 623

2018 NY Slip Op 00227

ELSA MEDINA-ORTIZ, Appellant, v. Luis A. SEDA, Respondent.

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

Decided January 11, 2018.

Plaintiff made a prima facie showing of her entitlement to summary judgment on the issue of liability through her affidavit averring that her car was stopped when it was hit in the rear by defendant's car (see e.g. Cruz v Lise, 123 A.D.3d 514 [1st Dept 2014]). The burden then shifted to defendant "to come forward with an adequate nonnegligent explanation for the accident" (Cabrera v Rodriguez, 72 A.D.3d 553...

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