ERRICO v. NELSON AVE INC (2026)

The following paper numbered 1 was read on this motion:

Papers Numbered

Notice of Motion, Affidavit, Affirmation and Exhibits 1

Plaintiff brings her motion seeking partial summary judgment on liability in this rear-end car accident action. Plaintiff states in her affidavit that she had stopped for about seven seconds because of traffic ahead of her when a van driven by the individual defendant, owned by defendant 3 Nelson Ave Inc. (with the name of the other defendant on it) hit plaintiff in the rear. Plaintiff states that, in her rearview mirror, she saw the van approaching her, and thought that it would stop. Yet it did not, causing the accident.

Although defendants filed an answer with affirmative defenses, they failed to oppose this motion, despite proper service.

As the Second Department has explained, the “driver of a vehicle approaching another vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with the other vehicle. A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision.” Diamond v. Comins, 194 AD3d 784, 784—85, 148 N.Y.S.3d 492, 494 (2d Dept. 2021).

As defendants failed to oppose the motion, they thus also failed to rebut the inference of negligence. As there is no reason to deny the motion, it is granted.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.