Stringari v. Peerless Importers, Inc.

Order, Supreme Court, New York County (Milton Tingling, J.), entered November 21, 2002, which granted plaintiffs motion for partial summary judgment as to liability, unanimously affirmed, without costs.

Plaintiff, by demonstrating that defendants’ moving car struck head-on into her and her parked car, made out a prima facie case of negligence (see Johnson v Phillips, 261 AD2d 269, 271 [1999]). The burden then shifted to the defense to “provide a nonnegligent explanation, in evidentiary form, for the collision” (id.). Defendants failed to sustain that burden. Wet, slippery roadway conditions do…