May 7, 2013
MARK A. PRINE, APPELLANT,
ADAM M. SANTEE, APPELLANT, SIMON M. COAL-ALOOR, DEFENDANT, ANNA TORRES, RESPONDENT.
New York Court of Appeals SSM9mem13_Decision.pdf
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed, with costs.
Viewing the evidence in a light most favorable to plaintiff Mark A. Prine and defendant Adam M. Santee (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 932 ), defendant Anna Torres demonstrated her entitlement to summary judgment dismissing the complaint and all cross claims against her. The nonmoving parties failed to raise a triable issue of fact as to whether Torres's actions as the lead driver in this four-vehicle-chain-reaction accident constituted a contributing cause of the collision (cf. Tutrani v County of Suffolk, 10 NY3d 906, 907-908 ). On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
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