Opinion
June 28, 1994
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
While negligence cases by their nature do not usually lend themselves to summary judgment (Ugarriza v. Schmieder, 46 N.Y.2d 471, 474), in this case plaintiff established his entitlement to partial summary judgment in his favor (Bush v. St. Clare's Hosp., 82 N.Y.2d 738, 739). The record reveals that defendant driver's operation of a Hi-Lo forklift, in reverse, without first taking notice of the presence of any individuals in the surrounding area, was a proximate cause of the vehicle's contact with plaintiff resulting in injury to his right ankle. Moreover, no material issues of fact exist concerning defendant's claim of comparative negligence.
Concur — Sullivan, J.P., Rosenberger, Ross, Williams and Tom, JJ.