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MIRZA v. TRIBECA AUTO. INC.

Index No. 33797/18E. Appeal No. 12518. Case No. 2020-02551.

189 A.D.3d 448 (2020)

137 N.Y.S.3d 13

2020 NY Slip Op 07287

Ali Mirza, Respondent, v. Tribeca Automotive Inc. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2020.

Attorney(s) appearing for the Case

O'Connor Reed Orlando LLP, Port Chester ( Jerri A. DeCamp of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

In this rear-end collision case, defendants failed to raise an issue of fact as to an adequate, nonnegligent explanation for the accident (Urena v GVC Ltd., 160 A.D.3d 467 [1st Dept 2018]). Defendant driver Lajara-Lajara had the obligation to maintain a safe distance between himself and the cars in front of him so as to avoid collisions with stopped vehicles (Vehicle and Traffic Law § 1129[a]; LaMasa v Bachman,

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