Stein v. Pat Noto, Inc.

Full title: RONALD E. STEIN, Appellant, v. PAT NOTO, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1996

226 A.D.2d 624 (N.Y. App. Div. 1996)

641 N.Y.S.2d 353

Opinion

April 22, 1996

Appeal from the Supreme Court, Nassau County (Murphy, J.).

Ordered that the order is affirmed, with costs.

The plaintiff was injured when his vehicle left a paved roadway and collided with a construction site maintained by the defendant. The plaintiff has failed to raise a triable issue of fact as to whether the defendant violated 17 N.Y.CRR former 131.17 (c) (2) and (d) (1) (ii). In addition, the defendant unquestionably established that the proximate cause of the accident was the plaintiff's loss of control of his vehicle, and that the construction site merely furnished the condition for the occurrence, not the cause ( see, Margolin v. Friedman, 43 N.Y.2d 982; Rivera v. Goldstein, 152 A.D.2d 556). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.