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SHARON CRISANO, respondent, v. COMP TOOLS CORP., ET AL., appellants.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The accident at issue occurred when the plaintiff's vehicle collided with the defendants' vehicle, which was "stop[ped] in traffic." The rear-end collision created a prima facie case of liability with respect to the plaintiff, which imposed a duty of explanation upon her to rebut the inference of negligence by providing some nonnegligent explanation for the collision (see Colon v. Cruz, 277 A.D.2d 195; Hanak v. Jani, 265 A.D.2d 453; Power v. Hupart, 260 A.D.2d 458; Hurley v. Izzo, 248 A.D.2d 674, 675-676). The plaintiff failed to meet that burden (see Filippazzo v. Santiago, 277 A.D.2d 419-420). Accordingly, the defendants are entitled to summary judgment.

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

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CRISANO v. COMP TOOLS CORP
(Jun 10, 2002)