LIFSHITS v. VARIETY POLY BAGS (2000)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gigante, J.), dated April 18, 2000, which denied her motion for partial summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff established a prima facie case of negligence on the part of the defendant Variety Poly Bags and the driver of its truck, the defendant Anthony P. Ray. Since the defendant driver was under a duty to maintain a safe distance between the defendants' car and the plaintiff's car (see, Vehicle and Traffic Law § 1129[a] ), his failure to do so, in the absence of a nonnegligent explanation, constituted negligence as a matter of law (see, Leal v. Wolff, 224 A.D.2d 392, 638 N.Y.S.2d 110;  Silberman v. Surrey Cadillac Limousine Serv., 109 A.D.2d 833, 486 N.Y.S.2d 357). The affidavit of the defendant driver and the police accident report, which state, inter alia, that the plaintiff's car stopped short when the traffic light turned red, were insufficient to raise a triable issue of fact (see, Leal v. Wolff, supra).

MEMORANDUM BY THE COURT.