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ACEVEDO v. AKHTAR

33324/19E. Appeal No. 15808. Case No. 2021-00056.

204 A.D.3d 596 (2022)

165 N.Y.S.3d 314

2022 NY Slip Op 02859

Mario Acevedo et al., Respondents, v. Parvex Akhtar et al., Appellants.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for appellants.

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis of counsel), for respondents.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.

In opposition to plaintiffs' prima facie showing of entitlement to summary judgment, defendant failed to offer a non-negligent explanation for the rear-end collision (see Matos v Sanchez, 147 A.D.3d 585, 586 [1st Dept 2017]). Even accepting as true defendant driver's affidavit that plaintiffs stopped abruptly upon approaching a yellow light, still "does not explain why defendant driver...

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