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EARL v. HILL

Index No. 25979/18E. Appeal No. 14850. Case No. 2020-02913.

200 A.D.3d 518 (2021)

155 N.Y.S.3d 314

2021 NY Slip Op 06948

Thomas Earl, Respondent, v. Romar Hill et al., Appellants.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Traflet & Fabian, New York ( Stephen G. Traflet of counsel), for appellants.

Khavinson & Associates, PC, New York ( Paul Cordella of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.

Plaintiff established defendants' negligence prima facie by showing that his vehicle was struck in the rear by defendants' vehicle when he stopped in an intersection, and in opposition, defendants failed to provide a nonnegligent explanation for the collision (see Francisco v Schoepfer, 30 A.D.3d 275 [1st Dept 2006]). Defendants contend that plaintiff's vehicle stopped abruptly for no...

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