Opinion
Submitted January 18, 2000
March 6, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated February 9, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Andrew C. Risoli, New York, N.Y., for appellant.
Anthony D. Perri, New York, N.Y. (Eve Lynn Newman of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant sustained his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting evidence that his vehicle was stopped when the rear-end collision occurred (see, Power v. Hupart, 260 A.D.2d 458 ). Contrary to the plaintiff's contention, she failed to raise a triable issue of fact as to whether the defendant was negligent (see, Dwyer v. Cohen, 262 A.D.2d 600 [2d Dept., June 6, 1999]). Therefore, the Supreme Court properly granted the defendant's motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320 ).
THOMPSON, J.P., SULLIVAN, KRAUSMAN, and SMITH, JJ., concur.