Lifshits v. Variety Poly Bags

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gigante, J.), dated April 18, 2000, which denied her motion for partial summary judgment on the issue of liability.

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

The plaintiff established a prima facie case of negligence on *373the part of the defendant Variety Poly Bags and the driver of its truck, the defendant Anthony P. Ray. Since the defendant driver was under a duty to maintain a safe distance between the defendants’ car and…