Opinion
November 13, 2001.
Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered July 20, 2000, which granted plaintiffs' motion for summary judgment on the issue of liability, and their cross motion for summary judgment as to defendant's counterclaim, unanimously affirmed, with costs.
Jayne F. Monahan Lucille M. Barbato, for plaintiffs-respondents.
Richard W. Shin, for defendant-appellant.
Before: Andrias, J.P., Wallach, Lerner, Saxe, Friedman, JJ.
A rear-end collision with a stationary vehicle creates a prima facie case of negligence, unless the defendant can proffer a non-negligent explanation for his or her failure to maintain a safe distance between the cars (see, Mitchell v. Gonzalez, 269 A.D.2d 250). In this case, plaintiffs made such a prima facie showing of entitlement to summary judgment as a matter of law, and in opposition defendant submitted only the unsubstantiated affirmation of counsel, which was insufficient to raise a triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 563). Given the lack of any explanation from defendant for the collision, summary judgment for plaintiffs was not rendered premature by the lack of discovery (Johnson v. Phillips, 261 A.D.2d 269, 272).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.