Opinion
Submitted June 14, 2000
August 21, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated September 23, 1999, which denied their motion for partial summary judgment on the issue of liability.
Segan, Nemerov Singer, P.C., New York, N.Y. (Fred J. Hirsh of counsel), for appellants.
Armienti Brooks, P.C. (Mauro Goldberg Lilling, LLP, Great Neck, N Y [Caryn L. Lilling and Kenneth Mauro] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is granted.
The Supreme Court erred when it denied the plaintiffs' motion for partial summary judgment on the issue of liability. The defendant failed to rebut the inference of negligence arising from the rear-end collision (see, Levine v. Taylor, 268 A.D.2d 566; Leal v. Wolff, 224 A.D.2d 392; Silberman v. Surrey Cadillac Limousine Serv., 109 A.D.2d 833).