Opinion
Argued March 3, 2000.
May 22, 2000.
In an action to recover damages for personal injuries, the defendant John T. Sidor, s/h/a John K. Sidor and John T. Sidor, appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), dated February 17, 1999, as granted the plaintiff's motion for partial summary judgment on the issue of liability against him, and those branches of the cross motions of the defendants Nevins Amusements, Inc., and Harold Nevins, Jr., a/k/a Harold E. Nevins, a/k/a Harold Edgar Nevins, individually and as President of Nevins Amusements, Inc., and of the defendant Order Sons of Italy in America Lodge #1016, which were for summary judgment dismissing the cross claims insofar as asserted by him against them.
Richard J. Inzerillo, P.C., Smithtown, N.Y. (Donald A. Salfarlie and Michael Balamoti of counsel), for appellants.
Steven Miller, Roslyn Heights, N.Y. (Mary Anne Walling of counsel), for plaintiff-respondent.
Lawrence N. Rogak, LLC, Oceanside, N.Y. (Renee A. Breitner and Elizabeth Rogak of counsel), for defendant-respondent Order Sons of Italy in America Lodge #1016.
Peterson Ross, New York, N.Y. (William M. Billings of counsel), for defendants-respondents Nevins Amusements, Inc., and Harold Nevins, Jr., a/k/a Harold E. Nevins, a/k/a Harold Edgar Nevins, individually and as President of Nevins Amusements, Inc.
Before: DANIEL W. JOY, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff demonstrated that the unexcused violations by the defendant John T. Sidor, s/h/a John K. Sidor and John T. Sidor, of Vehicle and Traffic Law §§ 1110(a) and 1146 rendered his conduct negligent per se (see, Martin v. Herzog, 228 N.Y. 164; Dalal v. City of New York, 262 A.D.2d 596). Therefore, the Supreme Court correctly granted the plaintiff's motion for summary judgment on the issue of liability as against Sidor (cf., Mereu v. Zuhi, 250 A.D.2d 578; Spivak v. Heyward, 248 A.D.2d 58).
Furthermore, the Supreme Court properly granted those branches of the respective cross motions of the defendants Nevins Amusements, Inc., and Harold Nevins, Jr., a/k/a Harold E. Nevins, a/k/a Harold Edgar Nevins, individually and as President of Nevins Amusements, Inc., and the defendant Order Sons of Italy in America Lodge #1016, which were for summary judgment dismissing the cross claims insofar as asserted by Sidor against them (see, Margolin v. Friedman, 43 N.Y.2d 982; Abazis v. Parks, 189 A.D.2d 739).
Sidor's remaining contentions are without merit.
JOY, J.P., THOMPSON, KRAUSMAN and GOLDSTEIN, JJ., concur.