Opinion
2002-00932
Argued September 30, 2002.
October 21, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated December 19, 2001, which denied his motion for summary judgment dismissing the complaint.
Zaklukiewicz Puzo, LLP, Islip Terrace, N.Y. (Joseph M. Puzo of counsel), for appellant.
Jack Tamen, New York, N.Y. (James K. Hargrove of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff was a passenger in a livery cab owned and operated by the defendant. She was allegedly injured when she was dragged by the cab after closing her coat in the door while exiting. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint, and we affirm.
In support of his motion for summary judgment, the defendant failed to demonstrate that under no view of the facts could he be found negligent in the happening of the accident (see generally Miller v. Fernan, 73 N.Y.2d 844, 846; Georges v. Rajnarine, 277 A.D.2d 283, 284; Shahzaman v. Green Bus Lines Co., 214 A.D.2d 722; Blye v. Manhattan Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, affd 72 N.Y.2d 888). Nor can it be determined, as a matter of law, that the plaintiff closing the door on her coat was an intervening act that was a superseding cause of her alleged injuries (see Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 562; Kush v. City of Buffalo, 59 N.Y.2d 26, 33). Accordingly, the defendant's motion for summary judgment was properly denied.
RITTER, J.P., ALTMAN, H. MILLER and COZIER, JJ., concur.