Hernandez v. Advance Transit Co.

*484In this action for personal injuries allegedly suffered by plaintiff while she was a passenger in a vehicle owned by defendant Advance and operated by defendant Lopez when it was rear-ended by a vehicle driven by defendant Joseph DiGerardo, Jr., the motion court properly denied summary judgment to defendants Advance and Lopez. Although a rear-end collision with a stopped vehicle creates a presumption of negligence on the part of the operator of the moving vehicle (see Berger v New York City Nous. Auth., 82 AD3d 531 [1st Dept 2011]), summary judgment is not warranted where, as here, there are…