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Kinraich v. Dib

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 817 (N.Y. App. Div. 1999)

Opinion

Argued June 14, 1999

September 27, 1999

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated September 4, 1998, which granted the plaintiffs' motion for summary judgment dismissing the counterclaim.

Mark A. Longo, Brooklyn, N.Y. (Jerry M. Cooke [Joseph Green] of counsel), for appellants.

McMahon, Martine Gallagher, New York, N.Y. (Patrick Brophy of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion for summary judgment dismissing the counterclaim. The plaintiffs sustained the initial burden of demonstrating their entitlement to summary judgment by submitting evidence that the vehicle driven by the plaintiff Solomon Kinraich had been lawfully stopped at a stop sign for several seconds when it was struck in the rear by a vehicle operated by the defendant Lucille Dib (see, Centeno v. Goldstein, 261 A.D.2d 566 [2d Dept., May 24, 1999]; Kassim v. City of New York, 256 A.D.2d 386; Ner v. Celis, 245 A.D.2d 278). The defendants' evidentiary submissions were insufficient to raise an issue of fact as to whether Solomon Kinraich engaged in any conduct which helped bring about the accident (see, Kassim v. City of New York, supra).

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

Kinraich v. Dib

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 817 (N.Y. App. Div. 1999)
Case details for

Kinraich v. Dib

Case Details

Full title:SHARONA KINRAICH, et al., respondents, v. EMIL DIB, etc., et al.…

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

Date published: Sep 27, 1999

Citations

264 A.D.2d 817 (N.Y. App. Div. 1999)
695 N.Y.S.2d 417