Dirschedl v. Blum
Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 2, 2004 in a personal injury action. The order, inter aha, denied that part of plaintiffs’ motion for partial summary judgment on the issue of defendant Asher B. Blum’s negligence.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action to recover damages for injuries they allegedly sustained when, while stopped in their vehicle at a red traffic light, they were rear-ended by a vehicle driven by defendant Asher B. Blum and owned by defendant David J. Blum. Supreme Court properly denied that part of plaintiffs’ motion for partial summary judgment on the issue of Asher’s negligence. Although plaintiffs met their initial burden by establishing a prima facie case of negligence, defendants raised a triable issue of fact by offering a nonnegligent explanation for the accident (see Mata v Gress, 17 AD3d 1058, 1059 [2005]; Danner v Campbell, 302 AD2d 859
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