Opinion
Submitted October 4, 2000.
October 30, 2000.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Galasso, J.), entered May 30, 2000, which granted the plaintiff's motion for partial summary judgment on the issue of liability.
Jaffe Nohavicka, New York, N.Y. (Stacy R. Seldin of counsel), for appellants.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
It is undisputed that the motor vehicle owned and operated by the plaintiff was safely stopped behind three other stopped vehicles at a red light when it was hit in the rear by a truck operated by the defendant Gary Padin. Accordingly, the plaintiff made a prima facie showing that he was not negligent (see, Cerda v. Parsley, 273 A.D.2d 339 [2d Dept., June 19, 2000]; Leal v. Wolff, 224 A.D.2d 392), and the defendants failed to rebut the presumption of negligence by offering a non-negligent explanation for the rear-end collision (see, Santarpia v. First Fid. Leasing Group, 275 A.D.2d 315; [2d Dept., Aug. 7, 2000]; Brady v. Correctional Transp. Inc., 274 A.D.2d 404 [2d Dept., July 10, 2000]; Cerda v. Parsley, supra).