ZAKUTNY v. GOMEZ (1999)

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), entered December 12, 1997, which granted the plaintiffs' motion for summary judgment on the issue of liability and denied his motion for summary judgment dismissing the complaint based upon the failure of the plaintiff Michael Zakutny to sustain a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is affirmed, with costs.

 The defendant was under a duty to maintain a safe distance between his vehicle and the vehicle operated by the plaintiff Michael Zakutny (see, Vehicle and Traffic Law § 1129[a] ).   The defendant's failure to do so, in the absence of an adequate explanation, constituted negligence as a matter of law which caused the accident (see, Rebecchi v. Whitmore, 172 A.D.2d 600, 568 N.Y.S.2d 423).   In opposition to the motion, the defendant failed to submit his own statement describing the circumstances surrounding the accident.

 The medical evidence the defendant submitted in support of his cross motion failed to establish a prima facie case that Michael Zakutny did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Mendola v. Demetres, 212 A.D.2d 515, 622 N.Y.S.2d 309).

The defendant's remaining contention is without merit.

MEMORANDUM BY THE COURT.