Shelton v. Rivera

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered May 5, 2000, which denied defendant Shelton’s motion for summary judgment dismissing the plaintiffs personal injury action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against her.

This personal injury action arises from a rear-end collision in which the Rivera vehicle collided with the Shelton automobile. Although the Rivera defendants had the burden of overcoming a presumption of negligence since…