Theodore Berger, Plaintiff-Respondent, v. New York City Housing Authority, et al., Defendants, Paul R. Anderson, et al., Defendants-Appellants. (2011)

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Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered April 7, 2010, which, in an action for personal injuries sustained in a multi-vehicle accident, denied defendants-appellants' motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

It is well established that evidence of a rear-end collision with a stopped vehicle constitutes a prima facie case of negligence on the part of the operator of the moving vehicle (see De La Cruz v. Ock Wee Leong, 16 AD3d 199 [2005] ), which may be rebutted by evidence that the vehicle in front stopped suddenly (see Barry v. City of New York, 283 A.D.2d 300 [2001] ).   Here, the motion court properly determined that issues of fact exist concerning whether the first three vehicles in this five-car accident, including appellants' cars, stopped suddenly and their reasons for doing so.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK