Opinion
Submitted March 10, 2000.
May 3, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated May 10, 1999, which granted the plaintiff's motion for partial summary judgment on the issue of liability.
Isserlis Sullivan, Bethpage, N.Y. (Lawrence R. Miles of counsel), for appellant.
David W. McCarthy, Deer Park, N.Y. (Margaret DeVivo of counsel), for respondent.
GLORIA GOLDSTEIN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant failed, as a matter of law, to rebut the presumption of negligence arising from his rear-end collision with the plaintiff's vehicle (see, Benyarko v. Avis Rent A Car Sys., 162 A.D.2d 572, 573; Young v. City of New York, 113 A.D.2d 833).
GOLDSTEIN, J.P., FLORIO, FEUERSTEIN and SCHMIDT, JJ., concur.