Opinion
2005-361 Q C.
Decided December 13, 2005.
Appeal from an order of the Civil Court of the City of New York, Queens County (Denis Butler, J.), entered December 8, 2004. The order denied the motion by third-party defendant Maryann C. Littles for summary judgment.
Order unanimously reversed without costs and third-party defendant Maryann C. Littles' motion for summary judgment granted.
PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.
In this negligence action for property damage, third-party defendant Maryann C. Littles' automobile, which was operated by her son, became disabled in the right lane of the Belt Parkway. He stated in an affidavit that he activated the emergency flashers. After some time had passed, Figueroa's vehicle allegedly stopped short well behind Littles' vehicle without striking it. Figueroa's vehicle was then struck from behind causing damage thereto.
Under the circumstances presented, it cannot be said that the operator of Littles' vehicle was negligent or that his actions caused the accident. Accordingly, the order should be reversed and third-party defendant Maryann C. Littles' motion for summary judgment granted.