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CATHERINE A. BUTLER plfres, v. ISKRA PETROVA def, KIM S. COTTRELL def-ap

12263. CATHERINE A. BUTLER plfres, v. ISKRA PETROVA def, KIM S. COTTRELL def-ap — Richard T. Lau & Associates, Jericho (Joseph G. Gallo of counsel), for ap — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered September 23, 2013, which denied the motion of defendants Kim S. Cottrell and Frank Elam for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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12263. CATHERINE A. BUTLER plfres, v. ISKRA PETROVA def, KIM S. COTTRELL def-ap — Richard T. Lau & Associates, Jericho (Joseph G. Gallo of counsel), for ap — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered September 23, 2013, which denied the motion of defendants Kim S. Cottrell and Frank Elam for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

In this three-car chain collision, defendants Cottrell and Elam established entitlement to judgment as a matter of law. Cottrell submitted an affidavit wherein she stated that the vehicle she was driving was stopped behind plaintiffs’ vehicle at a red light when a third vehicle, operated by defendant Iskra Petrova and owned by defendant Peter K. Petrova, rearended her vehicle, causing it to move forward and collide into the rear of plaintiffs’ vehicle (see Cabrera v. Rodriguez, 72 AD3d 553 [1st Dept 2010]; Rue v. Stokes, 191 AD2d 245 [1st Dept 1993]).

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