Opinion
Submitted May 10, 2000.
June 26, 2000.
In an action to recover damages for personal injuries, the defendant April B. Stoffel appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered September 8, 1999, as granted that branch of the motion of the defendants John DeVito and John Nicholas DeVito III which was for summary dismissing the cross claims insofar as asserted against them.
Frank V. Merlino (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellant.
Neil L. Kanzer, Garden City, N.Y. (David R. Feen of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
On their motion for summary judgment, the respondents established that after their vehicle came to a stop, the plaintiff's vehicle stopped behind it. The appellant's vehicle then struck the plaintiff's vehicle, which caused it to hit the respondents ' vehicle. A rear-end collision with a stationary vehicle creates a prima facie case of liability against the operator of the moving vehicle unless he or she can come forward with an adequate, nonnegligent explanation for the collision (see, Mundo v. City of Yonkers, 249 A.D.2d 522; Miller v. Irwin, 243 A.D.2d 546; Parise v. Meltzer, 204 A.D.2d 295). We agree with the Supreme Court that the appellant failed to come forward with an adequate, nonnegligent explanation for the accident. Thus, the respondents were properly awarded summary judgment.