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BABAK HAKAKIAN, Respondent, v. DANIEL McCABE et al., Appellants.

Ordered that the order is affirmed, with costs.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty on that operator to come forward with a nonnegligent explanation for the collision ( see Rainford v Sung S. Han, 18 AD3d 638; Niyazov v Bradford, 13 AD3d 501; Russ v Investech Sec., 6 AD3d 602). Here, the plaintiff sustained his burden of establishing a prima facie case of negligence by submitting an affidavit in which he averred that he came to a complete stop at a yellow traffic light and that his automobile was then struck in the rear by the defendants' vehicle. In opposition, the defendants' explanation that the plaintiff came to a sudden and unanticipated stop, in and of itself was insufficient to raise a triable issue of fact ( see David v New York City Bd. of Educ, 19 AD3d 639; Malone v Morillo, 6 AD3d 324).

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HAKAKIAN v. McCABE
(Mar 6, 2007)