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MILLER v. DeSOUZA

7434. 21361/16E.

165 A.D.3d 550 (2018)

89 N.Y.S.3d 79

2018 NY Slip Op 07065

Darlene Miller, Plaintiff, v. Moises Nunes DeSouza, Respondent, and William Rothchild et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 23, 2018.

The Rothchilds, in whose vehicle plaintiff was a passenger, established entitlement to judgment as a matter of law by submitting deposition testimony that defendant DeSouza's vehicle rear-ended their stopped vehicle (see Johnson v Phillips, 261 A.D.2d 269 [1st Dept 1999]). Upon the burden shift, DeSouza failed to offer a nonnegligent explanation for the accident (see Rodriguez v Garcia, 154 A.D.3d 581

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