Opinion
Submitted January 12, 2000
February 24, 2000
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Posner, J.), dated January 12, 1999, which denied their motion for partial summary judgment on the issue of liability.
Jaroslawicz Jaros, New York, N.Y. (David Jaroslawicz and Robert J. Tolchin of counsel), for appellants.
Albanese, Albanese Fiore, LLP, Garden City, N.Y. (Hyman Hacker of counsel), for respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
"[A] rear-end collision with a stationary vehicle creates a prima facie case of liability in favor of the operator of the stationary vehicle unless the operator of the moving vehicle can come forward with an adequate, non-negligent explanation for the accident" (Mundo v. City of Yonkers, 249 A.D.2d 522, 523 ; Miller v. Irwin, 243 A.D.2d 546 ; Parise v. Meltzer, 204 A.D.2d 295 ). We agree with the Supreme Court that the deposition testimony of the defendant Robert G. Porazzo demonstrated an adequate, non-negligent explanation for the accident, and thus the plaintiffs' motion for summary judgment was properly denied (see generally, LaFond v. City of New York, 245 A.D.2d 268 ; Aldrich v. Hagan, 243 A.D.2d 432 ; Gross v. Napoli, 216 A.D.2d 524 ; cf., Sheeler v. Blade Constr., Inc., 262 A.D.2d 632 [2d Dept., June 28, 1999]).