Opinion
(1051) CA 00-02907.
September 28, 2001.
(Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.)
PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, KEHOE AND BURNS, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint and cross claim against defendants Donald Ackley-Perot and U-Haul Corporation of Ohio dismissed.
Memorandum:
James Hall (plaintiff) was unloading a legally parked U-Haul rental van when he was pinned between the van and a vehicle operated by defendant Joan E. May and owned by defendant Gregory May. Plaintiff's right foot was severed above the ankle as a result of the accident. Supreme Court erred in denying the motion of Donald Ackley-Perot, the lessee-operator of the rental van, and U-Haul Corporation of Ohio, the lessor of the van (defendants), seeking summary judgment dismissing the complaint and cross claim against them. Defendants sustained their initial burden by demonstrating as a matter of law that they were not negligent and that their conduct in any event did not cause or contribute to the accident, and plaintiffs failed to raise a triable question of fact on those issues ( see, Singh v. Kolcaj Realty Corp., ___ A.D.2d ___ [decided May 29, 2001], citing Margolin v. Friedman, 43 N.Y.2d 982; O'Malley v. USA Waste of N. Y., ___ A.D.2d ___ [decided May 7, 2001]; Dormena v. Wallace, 282 A.D.2d 425; Misel v. N.F.C. Cab Corp., 277 A.D.2d 83, 84; Gleason v. Reynolds Leasing Corp., 227 A.D.2d 375, 376, lv denied 89 N.Y.2d 802).