New York Supreme and/or Appellate Courts Appellate Division, First Department
January 19, 2012
MICHELE KANTOR, PLAINTIFF-RESPONDENT,
MET TRANSPORT INC., ET AL., DEFENDANTS-APPELLANTS, ARK TAXI INC., ET AL., DEFENDANTS.
Kantor v Met Transp. Inc.
Decided on January 19, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about June 9, 2011, which denied defendants-appellants' motion for summary judgment dismissing the complaint and all cross claims as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendants-appellants met their initial burden of establishing their entitlement to judgment as a matter of law by presenting evidence that the taxicab owned and operated by them was legally parked at the time of the accident, and that the moving vehicle's negligence in rear-ending the taxi in front of it was the sole proximate cause (see Agramonte v City of New York, 288 AD2d 75 ). Assuming arguendo that plaintiff raised a triable issue of fact as to whether the cab was negligently stopped in violation of 34 RCNY 4-08(a)(3), plaintiff failed to raise a triable issue of fact as to whether this negligence proximately caused the accident (see White v Diaz, 49 AD3d 134 ; Gerrity v Muthana, 28 AD3d 1063 , affd 7 NY3d 834 ). Therefore, the IAS court improperly denied defendants-appellants' motion for summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 19, 2012
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