Savarese v. CerrachioSavarese v. Cerrachio
Ordered that the order is reversed, on the law, with costs, and the plaintiff‘s motion for summary judgment on the issue of liability is granted.
A “rear-end collision with a lawfully stopped vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and requires the operator of the moving vehicle to provide a non-negligent explanation for the collision” (Franklin v 2 Guys From Long Pond, Inc., 50 AD3d 846, 847 [2008]; see Tutrani v County of Suffolk, 10 NY3d 906 [2008]; Ramirez v Konstanzer, 61 AD3d 837 [2009]). Here, the plaintiff established his prima facie entitlement to judgment as a matter of law by submitting proof that the defendant struck the back of his vehicle after it had come to a lawful stop at a red light. The defendant‘s deposition testimony that the accident occurred after the light had turned green and the plaintiff‘s vehicle began to slowly move forward did not raise a triable issue of fact as to a non-negligent explanation for the happening of the accident (see Ramirez v Konstanzer, 61 AD3d at 837; Lundy v Llatin, 51 AD3d 877 [2008]; Rainford v Sung S. Han, 18 AD3d 638 [2005]). Accordingly, the plaintiff was entitled to summary judgment on the issue of liability (see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).
The defendant‘s contention that the plaintiff was not entitled to summary judgment because he failed to submit evidence in admissible form in support of the motion is without merit (see