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LUNDY v. LLATIN

51 A.D.3d 877 (2008)

858 N.Y.S.2d 341

JEAN H. LUNDY et al., Respondents, v. MELITON LLATIN et al., Appellants.

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

Decided May 20, 2008.

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 A.D.3d 638

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