| Lundy v Llatin |
| 2008 NY Slip Op 04660 [51 AD3d 877] |
| May 20, 2008 |
| Appellate Division, Second Department |
| Jean H. Lundy et al., Respondents, v Meliton Llatin et al.,Appellants. |
—[*1] Boyko & Associates, P.C., Brooklyn, N.Y. (Albert Rudgayzer of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Schneier, J.), dated June 15, 2007, which granted theplaintiffs' motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
This action arose when the defendants' vehicle struck the plaintiffs' vehicle in the rear. Theplaintiffs made a prima facie showing of entitlement to summary judgment by submitting thedeposition testimony of the plaintiff driver. It then became incumbent upon the defendants tocome forward with a nonnegligent explanation for the collision (see Rainford v Sung S. Han, 18 AD3d638, 639 [2005]; Niyazov vBradford, 13 AD3d 501 [2004]; Russ v Investech Sec., 6 AD3d 602 [2004]), which they failed todo. The defendants' bare claim that the plaintiffs' vehicle abruptly slowed down or stopped,without more, under the circumstances of this case, was insufficient to raise a triable issue of factas to whether the plaintiff driver was negligent, and, if so, whether such negligence was aproximate cause of the accident (see Reed v New York City Tr. Auth., 299 AD2d 330[2002]; see also Belitsis v Airborne Express Frgt. Corp., 306 AD2d 507, 508 [2003];Vecchio v Hildebrand, 304 AD2d 749, 750 [2003]; Barberena v Budd Enters.,299 AD2d 305 [2002]; McGregor v Manzo, 295 AD2d 487 [2002]). Spolzino, J.P.,Ritter, Dillon, Balkin and Leventhal, JJ., concur.