Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.
This action arises out of a two-vehicle collision involving a vehicle operated by the plaintiff Rosaria A. Kastritsios which was struck in the rear by the vehicle operated by the defendant Angela Marcello and owned by the defendant Giovanni Marcello.
As a general rule, "a rear-end collision establishes a prima
Here, the plaintiff driver submitted an affidavit in which she stated that her vehicle was stopped at a red light at an intersection when her vehicle was struck in the rear by the defendants' vehicle. This established the plaintiffs' prima facie entitlement to judgment as a matter of law on the issue of liability.
In response, the affidavit of the defendant driver was insufficient to raise a triable issue of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]; Campbell v City of Yonkers, 37 A.D.3d 750, 751 [2007]). The claim that the lead vehicle made a sudden stop, standing alone, is insufficient to rebut the presumption of negligence on the part of the following vehicle (see Franco v Breceus, 70 A.D.3d 767 [2010]; Mallen v Su, 67 A.D.3d 974, 975 [2009]; Ramirez v Konstanzer, 61 A.D.3d 837 [2009]; Jumandeo v Franks, 56 A.D.3d 614 [2008]; Arias v Rosario, 52 A.D.3d 551, 552-553 [2008]; Lundy v Llatin, 51 A.D.3d 877 [2008]; Johnston v Spoto, 47 A.D.3d 888, 889 [2008]; Campbell v City of Yonkers, 37 AD3d at 751; Neidereger v Misuraca, 27 A.D.3d 537 [2006]; Russ v Investech Sec., 6 A.D.3d 602, 602 [2004]).
Accordingly, the Supreme Court erred in denying the plaintiffs' motion for summary judgment on the issue of liability.
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