Defendants Richard Poch and Heidi Passik appeal from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered March 2, 2006, which denied their motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Fernando Tapia, J.), entered March 2, 2006, reversed, with $10 costs, motion granted and complaint dismissed as against defendants Richard Poch and Heidi Passik. The Clerk is directed to enter judgment accordingly.

Defendants met their initial burden of establishing entitlement to summary judgment by submitting unrefuted evidence that their vehicle was fully stopped behind plaintiffs' vehicle when a third vehicle rear-ended them and propelled their vehicle into plaintiffs' car (see Hatzis v. Belliard, 13 AD3d 105 [2004]). In such circumstances, responsibility presumptively rests with the rearmost driver, whose statement that she "tried to stop" but was unable to avoid defendants' vehicle was contained in the police report (see Mustafaj v. Driscoll, 5 AD3d 138 [2004]; McIntosh v. August Ambulette Serv., 271 AD2d 661 [2000]). Plaintiffs' deposition testimony that they felt only one impact and did not notice defendants' vehicle behind them was insufficient to raise an issue of fact as to whether defendants acted negligently or caused or contributed to the collision in any manner (see Cerda v Parsley, 273 AD2d 339 [2000]).

This constitutes the decision and order of the court. [*2]
Decision Date: February 28, 2007