Opinion
No. 2020-09428 Index No. 528064/19
06-01-2022
Andriana M. Garcia, appellant, v. Gregorio Cotzomi, respondent.
William Pager, Brooklyn, NY, for appellant. Baker, McEvoy & Moskovits, P.C. (Marjorie E. Bornes, Brooklyn, NY, of counsel), for respondent.
William Pager, Brooklyn, NY, for appellant.
Baker, McEvoy & Moskovits, P.C. (Marjorie E. Bornes, Brooklyn, NY, of counsel), for respondent.
HECTOR D. LASALLE, P.J. FRANCESCA E. CONNOLLY LARA J. GENOVESI WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dawn Jimenez-Salta, J.), dated December 2, 2020. The order denied the plaintiff's motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision (see Tutrani v County of Suffolk, 10 N.Y.3d 906; Pollet v Charyn, 200 A.D.3d 728). Here, the plaintiff established her prima facie entitlement to judgment as a matter of law on the issue of liability through the submission of her affidavit, wherein she stated that she was stopped at a red light when her vehicle was struck in the rear by the defendant's vehicle.
However, contrary to the plaintiff's contention, the Supreme Court correctly determined that the defendant's affidavit submitted in opposition raised a triable issue of fact (see Rahman v Montesdeoca, 186 A.D.3d 631; Wynter v City of New York, 173 A.D.3d 1122, 1123-1124).
The parties' remaining contentions either are without merit or need not be reached light of our determination.
LASALLE, P.J., CONNOLLY, GENOVESI and FORD, JJ., concur.