DRAKE v. DRAKOULIS

ORDERED that the order is affirmed, with costs.

A rear-end collision with a stopped vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty of explanation on the operator of the moving vehicle (see Maschka v. Newman, 262 A.D.2d 615; Niemiec v. Jones, 237 A.D.2d 267). However, a driver of a motor vehicle has a duty to keep proper control of that vehicle, and to not stop suddenly or slow down without proper signaling so as to avoid a collision (Niemiec v. Jones, supra, at 268). Sufficient evidence was submitted to raise triable issues of fact whether the defendant Linda Chiesa contributed to the accident by making a sudden stop and failing to give proper signals in compliance with Vehicle and Traffic Law § 1163 (see Maschka v. Newman, supra).

RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur.