Hakakian v. McCabe

Mar 6, 2007
Versions:38 A.D.3d 493
833 N.Y.S.2d 106

Ordered that the order is affirmed, with costs.

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 come forward with a nonnegligent explanation for the collision (see Rainford v Sung S. Han, 18 AD3d 638 [2005]; Niyazov v Bradford, 13 AD3d 501 [2004]; Russ v Investech Sec., 6 AD3d 602 [2004]). Here, the plaintiff sustained his burden of establishing a prima facie case of negligence by submitting an affidavit in which he averred that he came to a complete stop at a yellow traffic light and that his automobile was then struck in the rear by the defendants’ vehicle. In opposition, the defendants’ explanation that the plaintiff came to a sudden and unanticipated stop, in and of itself was insufficient to raise a triable issue of fact (see David v New York City Bd. of Educ., 19 AD3d 639 [2005]; Malone v Morillo, 6 AD3d 324 [2004]). Santucci, J.P., Goldstein, Carni and McCarthy, JJ., concur.