Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Triable issues of fact exist as to whether the defendant violated the Vehicle and Traffic Law, inter alia, in failing to display lighted tail lights on the vehicle that she was attempting to park ( see, Vehicle and Traffic Law § 375 [a] [1]; [3]). A defendant's unexcused violation of a statute constitutes prima facie evidence of negligence and it is for the jury to determine whether the violation was the proximate cause of the accident ( see, Martin v. Herzog, 228 N.Y. 164; Malloy v. Trombley, 50 N.Y.2d 46, 55; Frias v. Fanning, 119 A.D.2d 796; McConnell v. Nabozny, 110 A.D.2d 1060; Brogan v. Zummo, 92 A.D.2d 533; McAllister v Adam Packing Corp., 66 A.D.2d 975; Ortiz v. Kinoshita Co., 30 A.D.2d 334).
Bracken, J. P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.