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SIGALOVSKAYA v. NEW YORK CITY TR. AUTH.

Index No. 451333/18. Appeal No. 15186. Case No. 2021-03438.

202 A.D.3d 423 (2022)

158 N.Y.S.3d 569

2022 NY Slip Op 00641

Karina Sigalovskaya, Respondent, v. New York City Transit Authority, Defendant, and MTA Bus Company et al., Appellants.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellants.

William Schwitzer & Associates, P.C., New York (D. Allen Zachary of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

In opposition to plaintiff's showing that defendants' vehicle rear-ended her vehicle, defendants offered the explanation that plaintiff's vehicle stopped abruptly. This assertion fails to constitute a nonnegligent explanation for the accident that would raise an issue of fact as to liability, since it does not explain why defendant driver failed to maintain a safe distance between his vehicle and the one ahead of it (see Urena v GVC Ltd., 160 A.D.3d...

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