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Geico Gen. Ins. Co. v. Luna Transp.

Appellate Term of the Supreme Court of New York, Second Department
Dec 13, 2005
2005 N.Y. Slip Op. 52120 (N.Y. App. Term 2005)

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.


Summaries of

Geico Gen. Ins. Co. v. Luna Transp.

Appellate Term of the Supreme Court of New York, Second Department
Dec 13, 2005
2005 N.Y. Slip Op. 52120 (N.Y. App. Term 2005)
Case details for

Geico Gen. Ins. Co. v. Luna Transp.

Case Details

Full title:GEICO GENERAL INSURANCE COMPANY, as Subrogee of Jennifer Figueroa…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 13, 2005

Citations

2005 N.Y. Slip Op. 52120 (N.Y. App. Term 2005)
814 N.Y.S.2d 561