INZANO v. BRUCCULERI (1999)

Supreme Court, Appellate Division, Second Department, New York.

Frank INZANO, et al., Respondents, v. Mary BRUCCULERI, et al., Appellants.

Decided: January 19, 1999

SONDRA MILLER, J.P., WILLIAM C. THOMPSON, LEO F. McGINITY and DANIEL F. LUCIANO, JJ.

Nesci Keane Piekarski Keogh & Corrigan, White Plains, N.Y. (Jyotsna Gorti and Vincent P. Nesci of counsel), for appellants. Kuhfahl and Bailly, White Plains, N.Y. (John J. Bailly and Theresa A. Gruber of counsel), for respondent Sharon Flynn, and Goodrich & Bendish, White Plains, N.Y. (Peter T. Goodrich of counsel), for respondent Frank Inzano (one brief filed).

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Putnam County (Hickman, J.), dated March 30, 1998, which granted the separate motions by the plaintiffs Frank Inzano and Shannon Flynn for partial summary judgment on the issue of liability pursuant to CPLR 3212.

ORDERED that the order is affirmed, with one bill of costs.

The defendant Mary Brucculeri was under a duty to maintain a safe distance between her vehicle and the vehicle which she struck in the rear, operated by the plaintiff Frank Inzano (see, Vehicle and Traffic Law § 1129[a] ). Her failure to do so, in the absence of an adequate explanation, constituted negligence as a matter of law (see, Rebecchi v. Whitmore, 172 A.D.2d 600, 568 N.Y.S.2d 423).

MEMORANDUM BY THE COURT.

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