Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff, a passenger in a stopped vehicle which was struck in the rear by the defendant's vehicle, made a prima facie showing of entitlement to partial summary judgment on the issue of liability ( see Ditrapani v. Marciante, 10 AD3d 628; Leonard v. City of New York, 273 AD2d 205). The deposition testimony of the defendant that he saw the stopped vehicle in which the plaintiff was a passenger and applied his brakes but that his vehicle nevertheless skidded into the stopped vehicle due to road conditions was insufficient to rebut the inference the he was negligent ( see Garcia v. Hazel, 287 AD2d 481, 482). As such, the Supreme Court erred in denying the plaintiff's motion.