Opinion
Submitted May 3, 2000.
July 26, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Franco, J.), dated July 23, 1999, which denied his motion for summary judgment dismissing the complaint.
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N.Y. (Dawn C. DeSimone of counsel), for appellant.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred when it denied the defendant's motion for summary judgment. The defendant established as a matter of law that the injured plaintiff's actions were a superseding cause of her accident (see, Gilmore v. Ritchie, 260 A.D.2d 347; Esposito v. Rea, 243 A.D.2d 536; Smith v. West Rochelle Travel Agency, 238 A.D.2d 398; Wright v. New York City Tr. Auth., 221 A.D.2d 431), and the plaintiff failed to raise a triable issue of fact as to this issue.