Opinion
No. 173 SSM 25.
Decided September 19, 2006.
APPEAL from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered April 28, 2006. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, Erie County (Donna M. Siwek, J.), which had granted motions by defendants Leprechaun Lines, Inc. and the City of Buffalo and the cross motion by defendant County of Erie/Erie Community College for summary judgment dismissing the amended complaint and all cross claims against them.
Plaintiffs commenced this personal injury action to recover damages for injuries the injured plaintiff sustained when a motor vehicle ran a red light and struck the bus he was operating, causing the bus to collide with a parked bus owned by defendant Leprechaun Lines, Inc. Plaintiffs alleged that a proximate cause of the accident was the illegal parking of defendant's bus.
Gerrity v. Muthana, 28 AD3d 1063, affirmed.
Reden O'Donnell, Buffalo ( Joseph E. O'Donnell of counsel), for appellants.
Walsh, Roberts Grace, Buffalo ( Thomas E. Roberts of counsel), for Leprechaun Lines, Inc., respondent.
Alisa A. Lukasiewicz, Corporation Counsel, Buffalo ( Lisa M. Yaeger of counsel), for City of Buffalo, respondent.
Lippman O'Connor, Buffalo ( Robert M. Lippman of counsel), for County of Erie, respondent.
Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSEN-BLATT, GRAFFEO, READ and R.S. SMITH concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
Even assuming that the location of the bus owned by defendant Leprechaun Lines, Inc. in the traffic lane at the time of the accident resulted, in some respect, from negligence on the part of Leprechaun, the City of Buffalo or the County of Erie Community College as plaintiffs allege, these defendants were nonetheless entitled to summary judgment because they established, as a matter of law, that the alleged negligence was not a proximate cause of plaintiffs injuries ( see Sheehan v City of New York, 40 NY2d 496, 503).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, in a memorandum.