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ANNE RENTERIA plf-res, v. OLEG YURYEVICH SIMAKOV, def, PATTY TAXI CORP. def-ap

10601. ANNE RENTERIA plf-res, v. OLEG YURYEVICH SIMAKOV, def, PATTY TAXI CORP. def-ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for ap — Wingate, Russotti, Shapiro & Halperin, LLP, New York (Nicole Michelle Gill of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which denied defendants Patty Taxi Corp. and Libardo Daza's motion for summary judgment dismissing the complaint as against them, and granted plaintiffs' cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

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10601. ANNE RENTERIA plf-res, v. OLEG YURYEVICH SIMAKOV, def, PATTY TAXI CORP. def-ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for ap — Wingate, Russotti, Shapiro & Halperin, LLP, New York (Nicole Michelle Gill of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which denied defendants Patty Taxi Corp. and Libardo Daza’s motion for summary judgment dismissing the complaint as against them, and granted plaintiffs’ cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

The record shows that the taxi operated by defendant Daza collided with the rear of plaintiff Renteria’s car, which was stopped in the left lane of the FDR Drive in Manhattan, following a collision with the car operated by defendant Simakov. This evidence establishes prima facie that Daza was negligent, which shifts the burden to Daza to establish a non-negligent explanation for the collision (Tutrani v. County of Suffolk, 10 NY3d 906 [2008]; Johnson v. Phillips, 261 AD2d 269, 271 [1st Dept 1999]).

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