Opinion
3111.
Decided April 22, 2004.
Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered June 16, 2003, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, the motion granted and the matter remanded for further proceedings.
Law Office of Robert P. Tusa, Esq., Yonkers (David Holmes of counsel), for appellant.
Before: Tom, J.P., Mazzarelli, Sullivan, Ellerin, Friedman, JJ.
Defendants' failure to rebut the presumption of defendant Lazaro's negligence created by his rear-end collision with plaintiff's stopped vehicle entitles plaintiff to summary judgment on liability ( see Burns v. Gonzalez, 307 A.D.2d 863, 865). In view of defendant's admission that plaintiff's vehicle was stopped before he rear-ended it, his claim that she failed to timely activate her turn signal does not raise an issue of fact as to the cause of the collision ( id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.