Ordered that the order is affirmed, without costs or disbursements.
The vehicle owned by the defendant Joseph Grimaldi and operated by the defendant J.J. Grimaldi, 3rd, rear-ended the vehicle operated by the plaintiff Rafique Ahmad while both vehicles were on an entrance ramp to the Brooklyn-Queens Expressway. The plaintiff Abul Kashem was a passenger in Ahmad's vehicle.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the inference of 0 negligence by providing a non-negligent explanation for the collision ( see Hakakian v McCabe, 38 AD3d 493; Campbell v City of Yonkers, 37 AD3d 750; Levin v Chaudhry, 26 AD3d 472, 473; Niyazov v Bradford, 13 AD3d 501, 501-502).
The Supreme Court correctly granted the plaintiffs' motion for summary judgment on the issue of liability ( see Lopez v Minot, 258 AD2d 564, 565). After the plaintiffs made out a prima facie case of negligence, the defendants failed to rebut the inference of negligence by providing a non-negligent explanation for the collision ( see Russ v Investech Sec, 6 AD3d 602).
Comments