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TORRES v. PIERPONT

274 A.D.2d 469 (2000)

711 N.Y.S.2d 900

DALLIANA TORRES, Appellant, v. JOHN T. PIERPONT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 17, 2000.

Ordered that the order is affirmed, with costs.

The defendants established their entitlement to judgment as a matter of law. The plaintiff's rear-end collision with the defendants' vehicle created a prima facie case of liability with respect to the plaintiff, imposing a duty of explanation on the plaintiff and requiring her to rebut the inference of negligence by providing some non-negligent explanation for the collision (see, Power v Hupart,

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