Plaintiff established prima facie entitlement to summary judgment as it is undisputed that defendants' vehicle rear-ended plaintiff's car. Defendant, in turn, failed to offer a nonnegligent explanation for the accident sufficient to rebut the presumption of negligence. A conclusory assertion that the sudden stop of the lead vehicle caused the accident is in and of itself insufficient (see Gutierrez v Trillium USA, LLC,
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LAMBERT v. BONILLA
28857/18E. Appeal No. 15057. Case No. 2021-00879.
201 A.D.3d 502 (2022)
156 N.Y.S.3d 854
2022 NY Slip Op 00251
Lisa A. Lambert, Appellant, v. Sencion Bonilla et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 13, 2022.
Decided January 13, 2022.
Attorney(s) appearing for the Case
Bailly and McMillan, LLP, White Plains (Richard DePonto of counsel), for appellant.
Rosenbaum & Taylor, PC, White Plains (Mark E. Jordan-Poinsette of counsel), for respondents.
Concur— Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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