Opinion
11-09-2017
Lasharie JOHNSON, Plaintiff–Appellant, v. Yalanda D. CURRY and Michael H. Stroh, Defendants–Respondents.
Frank S. FALZONE, Buffalo, for Plaintiff–Appellant. Law Office of Daniel R. Archilla, Buffalo (Joan M. Richter of counsel), for Defendant–Respondent Yalanda D. Curry. Law Office of John Wallace, Buffalo (Alyson C. Culliton of counsel), for Defendant–Respondent Michael H. Stroh.
Frank S. FALZONE, Buffalo, for Plaintiff–Appellant.
Law Office of Daniel R. Archilla, Buffalo (Joan M. Richter of counsel), for Defendant–Respondent Yalanda D. Curry.
Law Office of John Wallace, Buffalo (Alyson C. Culliton of counsel), for Defendant–Respondent Michael H. Stroh.
MEMORANDUM:
Plaintiff commenced this action to recover damages for injuries that she allegedly sustained in a three-vehicle accident. We conclude that Supreme Court properly granted defendants' respective motions for summary judgment dismissing the complaint and any cross claims against them. Defendants met their initial burden of establishing as a matter of law that plaintiff's negligence in rear-ending defendant Michael H. Stroh's vehicle was the sole proximate cause of the accident (see Gill v. Braasch, 100 A.D.3d 1415, 1415, 953 N.Y.S.2d 783 [4th Dept.2012] ), and plaintiff failed to raise an issue of fact in opposition (see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 563, 427 N.Y.S.2d 595, 404 N.E.2d 718 [1980] ).
It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.
CARNI, J.P., LINDLEY, DeJOSEPH, TROUTMAN, and WINSLOW, JJ., concur.