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Gonzalez v. Ceesay, 98 A.D.3d 1078 (2d Dept 2012)

Plaintiff’s motion for summary judgment on the issue of liability was granted in this rear-end accident, wherein plaintiff’s vehicle was fully stopped.

The Appellate Division reversed finding plaintiff failed to establish a prima facie case, as plaintiff was double parked at the time of this accident.  The Court noted plaintiff failed to eliminate issues of fact as to whether her own negligence in double-parking in violation of 34 RCNY 4–08(f)(1) was a proximate cause of the accident. 

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