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Allegation Plaintiff Abruptly Changed Lanes and Stopped in Front of Defendant Precluded Summary Judgment in Rear-End Collision Case​

In a rear-end collision case, the Second Department determined the allegation that the plaintiff abruptly changed lanes and came to a sudden stop in front of defendant raised a question of fact about plaintiff’s negligence:

Here, the plaintiff established, prima facie, his entitlement to judgment as a matter of law by demonstrating that his vehicle was fully stopped at a red traffic light when it was hit in the rear by the defendants’ vehicle…. In opposition, the defendants raised triable issues of fact as to whether the plaintiff was negligent in the operation of his vehicle, and whether his alleged negligence caused or contributed to the accident, through the affidavit of the defendant driver Roni J. Jaquez. Jaquez averred that the plaintiff’s vehicle abruptly changed lanes, directly in front of his vehicle, and then came to a sudden stop. … Markesinis v Jaquez, 2013 NY Slip Op 03641, 2nd Dept, 5-22-13

TRAFFIC ACCIDENTS

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Error to Dismiss Failure-to-Mitigate-Damages Affirmative Defense in Contract Dispute

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