Since a prima facie case of negligence was made out against defendant driver Pittaro by proof that his vehicle struck plaintiff's vehicle from behind, and defendant did not meet his consequent burden to offer proof in evidentiary form providing an explanation for the collision other than his own negligence, plaintiff's motion for partial summary judgment as to liability was properly granted (see, Johnson v Phillips,
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MOUSTAPHA v. RITEWAY INTERNATIONAL REMOVAL, INC.
283 A.D.2d 175 (2001)
724 N.Y.S.2d 52
SAKHO MOUSTAPHA, Respondent, v. RITEWAY INTERNATIONAL REMOVAL, INC., et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 1, 2001.
Decided May 1, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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