COLONNA v. SUAREZ

ORDERED that the order is affirmed insofar as appealed from, 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 upon him or her (see, Maschka v. Newman, 262 A.D.2d 615; Danza v. Longieliere, 256 A.D.2d 434; 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). There exist triable issues of fact concerning whether the defendant Raymond Suarez contributed to the accident by making a sudden stop and in failing to perceive the road conditions ahead (see, Maschka v. Newman, supra).