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Fermaglich v. Arnone

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 2007
36 A.D.3d 584 (N.Y. App. Div. 2007)

Opinion

No. 2005-10837.

January 9, 2007.

In an action to recover damages for personal injuries, the third-party plaintiffs appeal from an order of the Supreme Court, Kings County (Jones, J.), dated September 6, 2005, which granted the third-party defendant's motion for summary judgment dismissing the third-party complaint.

Young Yagerman, P.C., New York, N.Y. (Louis Klein of counsel), for defendants third-party plaintiffs-appellants.

Cerussi Spring, White Plains, N.Y. (David C. Zegarelli and Peter J. Morris of counsel), for third-party defendant-respondent.

Before: Schmidt, J.P., Rivera, Santucci and Krausman, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the third-party defendant's motion for summary judgment dismissing the third-party complaint. Even assuming that the delivery truck owned by the third-party defendant was parked in violation of parking regulations, the third-party defendant demonstrated its entitlement to judgment as a matter of law by presenting evidence that the location of its vehicle was not a proximate cause of the accident ( see Gerrity v Muthana, 7 NY3d 834; Sheehan v City of New York, 40 NY2d 496, 503; Condra v Reckson Operating Partnership, 6 AD3d 483 [2004]; Mendrykowski v New York Tel. Co., 2 AD3d 1410 [2003]; Whitehead v Reithoffer Shows, 304 AD2d 754; Dormena v Wallace, 282 AD2d 425). In opposition to the motion, the third-party plaintiffs failed to raise a triable issue of fact as to whether the location of the parked delivery truck was a proximate cause of the accident.


Summaries of

Fermaglich v. Arnone

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 2007
36 A.D.3d 584 (N.Y. App. Div. 2007)
Case details for

Fermaglich v. Arnone

Case Details

Full title:MOLLIE FERMAGLICH, Plaintiff, v. GIUSEPPE O. ARNONE et al., Defendants and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 9, 2007

Citations

36 A.D.3d 584 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 112
828 N.Y.S.2d 171

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