Opinion
Index 2014/50889
03-11-2016
JENNIFER KROUSER, Plaintiff, v. ALEXANDER ORTIZ and MONIQUE ORTIZ, Defendants.
George A. Kohl, Esq, Finkelstein & Partners, LLP Attorney for Plaintiff Grogan & Souto Attorneys for Defendants
Unpublished Opinion
George A. Kohl, Esq, Finkelstein & Partners, LLP Attorney for Plaintiff
Grogan & Souto Attorneys for Defendants
DECISION & ORDER
Christine A. Sproat, Judge
The unopposed motion by plaintiff for partial summary judgment on the issue of liability for the happening of this motor vehicle accident is. granted.
The Court has reviewed the Motion, Affirmation of George A. Kohl, II, Exhibits A-G, and the Affidavit of Service. Plaintiff has established that there are no triable issues of fact on the issue of liability in this rear end collision.". Plaintiff was stopped at a stop light and was hit the rear by the defendant Alexander Ortiz. The defendant has failed to establish anon-negligent explanation for hitting the rear of plaintiff s vehicle with a water bottle rolling from the back seat to where the foot pedal was. "A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the inference of negligence [by prbviding] a non-negligent explanation for the collision." (Katz v. Masada II Car and Limo Services, Inc., 43 A.D.3d 876 (2nd Dept, 2007) citing Niyazov v. Bradford, 13 A.D.3d 501, 786 N.Y.S.2d 582; Russ v. Investech Sec, 6 A.D.3d 602, 775 N.Y.S.2d 867; Vecchio v. Hildebrand, 304 A.D.2d 749, 750, 758 N.Y.S.2d 666; McGregor v. Manzo, 295 A.D.2d 487, 744 N.Y.S.2d 467.) The fact that plaintiff was stopped for traffic does not provide defendant driver with an adequate non-negligent explanation for rear-ending plaintiff. As plaintiff has set forth a prima facie case that i defendant alone isliable for the accident, it is incumbent upon defendant to raise a triable issue of fact in order to defeat a motion for summary judgment. (See, CPLR 3212(b))
This case is adjourned to December 2, 2016 at 9:30 a.m. for jury selection.
Submit Judgment.
So Ordered.