Opinion
May 19, 1997
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellants appearing separately and filing separate briefs.
This action arose out of a rear-end collision between vehicles driven by Debora DiPaola, in which Renee Brenner was a passenger, and Donald W. Scherpich. The deposition testimony of the parties conclusively established that DiPaola's vehicle was struck in the rear when she stopped in the intersection to yield to an ambulance displaying emergency lights. Under the circumstances, the inference of negligence arising from the rear-end collision was not rebutted by the allegation that DiPaola stopped suddenly (see, Gladstone v. Hachuel, 225 A.D.2d 730; Vehicle and Traffic Law § 1129[a]; § 1144).
Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.