Lundy v. Llatin
| Decision Date | 20 May 2008 |
| Docket Number | 2007-06706. |
| Citation | 858 N.Y.S.2d 341,2008 NY Slip Op 04660,51 A.D.3d 877 |
| Parties | JEAN H. LUNDY et al., Respondents, v. MELITON LLATIN et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
This action arose when the defendants' vehicle struck the plaintiffs' vehicle in the rear. The plaintiffs made a prima facie showing of entitlement to summary judgment by submitting the deposition testimony of the plaintiff driver. It then became incumbent upon the defendants to come forward with a nonnegligent explanation for the collision (see Rainford v Sung S. Han, 18 AD3d 638, 639 [2005]; Niyazov v Bradford, 13 AD3d 501 [2004]; Russ v Investech Sec., 6 AD3d 602 [2004]), which they failed to do. 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 fact as to whether the plaintiff driver was negligent, and, if so, whether such negligence was a proximate 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]).
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