Opinion
2001-07358
Submitted April 15, 2002.
September 16, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated March 14, 2001, as granted that branch of the motion of the defendant Cassone Leasing, Inc., s/h/a Cassone Trailer Container Co., d/b/a Cassone Leasing, and that branch of the cross motion of the defendant BH Fitness Recreation, Inc., d/b/a Better Health Fitness Equipment, which were for summary judgment dismissing the complaint insofar as asserted against them.
Stephen H. Frankel (Melvin Dubinsky, New York, N.Y. [Allen Spiwak on the brief] of counsel), for appellant.
Hammill, O'Brien, Croutier, Dempsey Pender, P.C., Mineola, N.Y. (Anton Piotroski of counsel), for respondent Cassone Leasing Inc., s/h/a Cassone Trailer Container Co., d/b/a Cassone Leasing.
Murray McCann, Rockville Centre, N.Y. (Joseph D. McCann and Francis J. Murray of counsel), for respondent BH Fitness Recreation, Inc., d/b/a Better Health Fitness Equipment.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, LEO F. McGINITY, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court properly concluded that the respondents' alleged negligent placement of a storage container on the street where the plaintiff's accident occurred was not a substantial factor in causing the accident.
SANTUCCI, J.P., ALTMAN, S. MILLER and McGINITY, JJ., concur.