Chiok v. C.S. Kouridakis

*707“A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision” (Ahmad v Grimaldi, 40 AD3d 786 [2007]; see Delayhaye v Caledonia Limo & Car Serv., Inc., 49 AD3d 588 [2008]; Klopchin v Masri, 45 AD3d 737 [2007]). However, “[i]f the operator of the moving vehicle rebuts the plaintiffs’ prima facie case with a nonnegligent excuse, then the operator may not be [held] liable” (Artis…