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SORRENTINO v. RIEMER

Appellate Division of the Supreme Court of New York, Second Department.
Jul 13, 1998

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

In this automobile accident case involving a rear-end collision, after the defendants made out a prima facie case for summary judgment, the plaintiff driver failed to proffer an adequate, non-negligent explanation for his failure to maintain a safe distance between his car and the defendants' truck, or raise a triable issue of fact that the defendants' alleged negligence was a proximate cause of his injuries ( see, Sass v. Ambu Trans, 238 A.D.2d 570; Barba v. Best Sec. Corp., 235 A.D.2d 381; Migdol v. Striker, 215 A.D.2d 358; Vehicle and Traffic Law ยง 1129 Veh. Traf. [a]). Thus, the defendants' motion for summary judgment dismissing the complaint should have been granted.

Bracken, J. P., Altman, Krausman and McGinity, JJ., concur.