Summary
In Inzano v Brucculeri (257 AD2d 605, supra), the defendant rear driver testified that the plaintiff lead driver stopped, while the plaintiff testified that he did not stop but was moving at the time of impact.
Summary of this case from LEGUEN v. CITY OF NEW YORKOpinion
January 19, 1999.
Appeal from the Supreme Court, Putnam County (Hickman, J.).
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 Veh. Traf. [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).
Miller, J.P., Thompson, McGinity and Luciano, JJ., concur.