Opinion
February 8, 1999
Appeal from the Supreme Court, Queens County (Golar, J.).
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 Veh. Traf. [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). 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).
The defendant's remaining contention is without merit.
O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.