Opinion
570812/07.
Decided December 19, 2008.
Defendants Singh and Jit appeal from an order of the Civil Court of the City of New York, Bronx County (Larry S. Schachner, J.), entered June 23, 2006, which denied their motion for summary judgment dismissing the complaint.
Order (Larry S. Schachner, J.), entered June 23, 2006, reversed, without costs, and the motion of defendant-appellants for summary judgment dismissing the complaint against them granted. The Clerk is directed to enter judgment accordingly.
PRESENT: McKeon, P.J., Davis, Heitler, JJ.
Even assuming, without deciding, that plaintiff raised an issue of fact as to whether she sustained a serious injury as defined in Insurance Law § 5102(d), the motion of defendant-appellants for summary judgment dismissal on the issue of liability should have been granted. A rear-end collision with a stopped vehicle creates a presumption that the rear driver was negligent ( see Somers v Condlin, 39 AD3d 289; Mullen v Rigor, 8 AD3d 104). Here, it is undisputed that defendants' taxicab was hit from behind while it was stopped or nearly stopped in traffic awaiting to make a left turn. Moreover, there was no evidence that defendants acted in such a way as to cause the accident. In the absence of any opposition from plaintiff or non-appearing defendant Sanson (the owner of the rear vehicle) offering a non-negligent explanation for the collision sufficient to raise a question of fact as to defendants' negligence, dismissal of the complaint against defendants was warranted ( see Morban v Nunez, 11 AD3d 363).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.