Opinion
2001-04888
Submitted May 1, 2002.
June 10, 2002.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated May 11, 2001, which denied their motion for summary judgment dismissing the complaint.
Jaffe Nohavicka, New York, N.Y. (Stacey R. Seldin of counsel), for appellants.
Bornstein Emanuel, P.C., Garden City, N Y (Kenneth Bornstein and Marisa Carpentiere of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The accident at issue occurred when the plaintiff's vehicle collided with the defendants' vehicle, which was "stop[ped] in traffic." The rear-end collision created a prima facie case of liability with respect to the plaintiff, which imposed a duty of explanation upon her to rebut the inference of negligence by providing some nonnegligent explanation for the collision (see Colon v. Cruz, 277 A.D.2d 195; Hanak v. Jani, 265 A.D.2d 453; Power v. Hupart, 260 A.D.2d 458; Hurley v. Izzo, 248 A.D.2d 674, 675-676). The plaintiff failed to meet that burden (see Filippazzo v. Santiago, 277 A.D.2d 419-420). Accordingly, the defendants are entitled to summary judgment.
RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.