Opinion
2002-09105.
December 29, 2003.
In an action to recover damages for personal injuries, the defendant John T. Siedlarz appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 26, 2002, which granted the motion of the defendant Sarah L. Conway for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
Thomas M. Bona, P.C., White Plains, N.Y. (Thomas M. Bona, Stephanie K. Cervoni, and Andrew W. Negro of counsel), for appellant.
Neil L. Kanzer, Garden City, N.Y. (John R. Seybert and Steven Farmer of counsel), for respondent.
Before: WILLIAM F. MASTRO and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal from so much of the order as granted that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Sarah L. Conway is dismissed, as the appellant is not aggrieved by that portion of the order ( see CPLR 5511); and it is further,
ORDERED that the order is affirmed insofar as reviewed, with costs.
In this action arising out of a rear-end collision, the vehicle operated by the plaintiff came to a complete stop behind the vehicle operated by the defendant Sarah L. Conway, without coming into contact with Conway's vehicle. Thereafter, the vehicle operated by the plaintiff was struck from the rear by the vehicle operated by the defendant John T. Siedlarz.
The Supreme Court properly granted that branch of Conway's motion which was for summary judgment dismissing all cross claims insofar as asserted against her. Under the circumstances of this case, any purported negligence by Conway was not a proximate cause of the plaintiff's injuries ( see Elezovic v. Harrison, 292 A.D.2d 416, 417; Bournazos v. Malfitano, 275 A.D.2d 437, 438; Smith v. Cafiero, 203 A.D.2d 355, 356; see also Rzepecki v. Yauch, 277 A.D.2d 984, 985; Robinson v. Day, 265 A.D.2d 916, 917-918; Lester v. Chmaj, 251 A.D.2d 1069, 1070), or a proximate cause of the rear-end collision between Siedlarz and the plaintiff ( see McNeill v. Sandiford, 270 A.D.2d 467; Ner v. Celis, 245 A.D.2d 278, 279; Lehmann v. Sheaves, 231 A.D.2d 687, 688; Chamberlin v. Suffolk County Labor Dept., 221 A.D.2d 580, 581).
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.