Defendants Edison Transport and Frank Mosca appeal from that portion of an order of the Civil Court, Bronx County (Raul Cruz, J.), entered August 3, 2004, which denied their cross motion for summary judgment dismissing plaintiff's complaint as against them.

PER CURIAM:
Order (Raul Cruz, J.), entered August 3, 2004 modified, with $10 costs, to grant defendants Edison Transport's and Frank Mosca's cross motion for summary judgment. The Clerk is directed to enter judgment in favor of the moving defendants dismissing the complaint and all cross claims as against them.

Defendants Edison Transport (Edison) and Frank Mosca (Mosca) made a prima facie showing that the accident was not due to their negligence, namely, that their vehicle, which was at a full stop, was propelled into the rear of plaintiff's vehicle when it was itself hit in the rear by a vehicle owned by defendant Alpha Para Transit and operated by defendant Joseph Harris. This shifted the burden to plaintiff to raise an issue of fact as
to Edison's and Mosca's negligence (see Hatzis v. Belliard, 13 AD3d 106 [2004], lv denied 4 NY3d 707 [2005]). Plaintiff failed to meet this burden inasmuch as she opposed their cross motion only to the extent of arguing that she did not have to establish a serious injury at this juncture. We further note that plaintiff filed no respondent's brief on this appeal.

This constitutes the decision and order of the court. [*2]
Decision Date: October 23, 2006