Opinion
01-28-2016
Jose BRITO, Plaintiff–Respondent, v. RDJ EXPRESS TRANSPORT, et al., Defendants–Appellants.
Keane & Bernheimer PLLC, Hawthorne (Jason M. Bernheimer of counsel), for appellants. Subin Associates, LLP, New York (Robert J. Eisen of counsel), for respondent.
Keane & Bernheimer PLLC, Hawthorne (Jason M. Bernheimer of counsel), for appellants.
Subin Associates, LLP, New York (Robert J. Eisen of counsel), for respondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 17, 2014, which granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff failed to establish entitlement to summary judgment on the issue of liability in this action where plaintiff's vehicle was double-parked in a lane of travel in violation of 34 RCNY 4–08(f)(1), when it was struck by defendants' vehicle as that vehicle attempted to pass plaintiff's car. Plaintiff failed to show that his own negligence in double-parking his car in the traveling lane was not a proximate cause of the accident (see White v. Diaz, 49 A.D.3d 134, 138–140, 854 N.Y.S.2d 106 [1st Dept.2008] ; Gonzalez v. Ceesay, 98 A.D.3d 1078, 951 N.Y.S.2d 200 [2d Dept.2012] ), and we reject his assertion that the fact that his vehicle was double-parked merely furnished the occasion for the accident, as a matter of law (see Pickett v. Verizon N.Y. Inc., 129 A.D.3d 641, 10 N.Y.S.3d 870 [1st Dept.2015] ).
TOM, J.P., SWEENY, GISCHE, KAPNICK, JJ., concur.