Opinion
2018–06462 Index No. 605419/15
01-13-2021
Rebecca GLASSMAN, et al., appellants, v. ALL COUNTY HOOK UP TOWING, INC., etc., et al., respondents.
Hoberman & Trepp, P.C., Bronx, N.Y. (Adam F. Raclaw of counsel), for appellants. Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, N.Y. (Neil M. Willner of counsel), for respondents.
Hoberman & Trepp, P.C., Bronx, N.Y. (Adam F. Raclaw of counsel), for appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, N.Y. (Neil M. Willner of counsel), for respondents.
WILLIAM F. MASTRO, A.P.J., HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Karen V. Murphy, J.), entered April 19, 2018. The order granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
On May 28, 2015, the plaintiffs, Kenneth Glassman and Rebecca Glassman, returned home at around 11:15 p.m. When they reached the street in front of their house, they observed a tow truck parked in front of a Jeep used by their daughter. Kenneth approached the tow truck operator, the defendant Tarik Kirant, and yelled at him to stop what he was doing. At some point, Kenneth told Rebecca, who remained in the car, to get the keys to the Jeep. Kenneth went to speak with the police officers on the scene who had requested the tow. Kirant stopped the tow operation. Upon exiting the house with the keys, Rebecca walked straight to Kenneth, a path that took her between the back of the tow truck and the front of the Jeep. As Rebecca proceeded between the two vehicles, her right foot caught the tow cable connecting the vehicles, and she fell, allegedly sustaining injuries.
The plaintiffs commenced this personal injury action. The defendants subsequently moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion. The plaintiffs appeal.
We agree with the Supreme Court's determination that the defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572 ). Any alleged negligence by Kirant was not a proximate cause of the accident (see Carr v. Cali, 172 A.D.3d 1303, 101 N.Y.S.3d 420 ). Kirant's conduct merely furnished the occasion for the occurrence of Rebecca's accident (see McLean v. Ripoli, 157 A.D.3d 604, 67 N.Y.S.3d 638 ; LaSpina v. City of New York, 22 A.D.3d 528, 803 N.Y.S.2d 662 ). In opposition, the plaintiffs failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718 ; see generally Shickler v. Cary, 59 A.D.3d 700, 874 N.Y.S.2d 233 ).
MASTRO, A.P.J., LASALLE, CONNOLLY and WOOTEN, JJ., concur.