Gerrity v Muthana

2006 NY Slip Op 06483

Decided on September 19, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 19, 2006
No. 173 SSM 25






Submitted by Joseph E. O'Donnell, for appellants.
Submitted by Thomas E. Roberts, for respondent
Leprechaun Lines, Inc.
Submitted by Lisa M. Yaeger, for respondent City of
Buffalo.
Submitted by Robert M. Lippman, for respondent
County of Erie.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Even assuming that the location of the bus owned by defendant Leprechaun Lines, Inc. in the traffic lane at the time of the accident resulted, in some respect, from negligence on the part of Leprechaun, the City of Buffalo or the County of Erie/Erie Community College as plaintiffs allege, these defendants were nonetheless entitled to summary judgment because they [*2]established, as a matter of law, that the alleged negligence was not a proximate cause of plaintiff's injuries (see Sheehan v City of New York, 40 NY2d 496, 503 [1976]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and
R.S. Smith concur.
Decided September 19, 2006