ANNA CORRIGAN, plf-res, v. PORTER CAB CORP. def-res, JOHN KATSOMALIARIS def-ap

8778. ANNA CORRIGAN, plf-res, v. PORTER CAB CORP. def-res, JOHN KATSOMALIARIS def-ap — Marjorie E. Bornes, Brooklyn, for ap — Werbel, Werbel & Verchick, LLP, Brooklyn (Glenn Verchick of counsel), for Anna Corrigan, res — Gerber & Gerber, PLLC, Brooklyn (Thomas Torto of counsel), for Porter Cab Corp. and MD T. Islam, res — Order, Supreme Court, New York County (George J. Silver, J.), entered April 9, 2012, which denied the motion of defendants John Katsomaliaris and Sunday J. Oseni for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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8778. ANNA CORRIGAN, plf-res, v. PORTER CAB CORP. def-res, JOHN KATSOMALIARIS def-ap — Marjorie E. Bornes, Brooklyn, for ap — Werbel, Werbel & Verchick, LLP, Brooklyn (Glenn Verchick of counsel), for Anna Corrigan, res — Gerber & Gerber, PLLC, Brooklyn (Thomas Torto of counsel), for Porter Cab Corp. and MD T. Islam, res — Order, Supreme Court, New York County (George J. Silver, J.), entered April 9, 2012, which denied the motion of defendants John Katsomaliaris and Sunday J. Oseni for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

“It is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the moving vehicle was negligent” (Agramonte v. City of New York, 288 AD2d 75, 76 [1st Dept 2001]). Defendantsappellants, through the deposition testimony of Oseni and plaintiff, made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the vehicle owned by Katsomaliaris and driven by Oseni was stopped at a red light when it was struck in the rear by the vehicle driven by defendant Islam, which propelled it into plaintiff as she attempted to cross the intersection. In opposition, defendant Islam failed to rebut the inference of negligence by providing a nonnegligent explanation for the collision (Profita v. Diaz, 2012 N.Y. App. Div. LEXIS 7575; 2012 NY Slip Op 7604 [1st Dept 2012]).

ANNA CORRIGAN, plf-res, v. PORTER CAB CORP. def-res, JOHN KATSOMALIARIS def-ap

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