Sorge v North Star Waste, LLC

2008 NY Slip Op 01830 [48 AD3d 386]

February 28, 2008

Appellate Division, First Department

As corrected through Wednesday, April 16, 2008

Nicholas N. Sorge, Jr., Appellant, v North Star Waste,LLC, et al., Respondents.

—[*1]Alexander J. Wulwick, New York City, for appellant.

Cartafalsa, Slattery, Turpin & Lenoff, New York City (Andrea A. Brochetelli of counsel), forrespondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 14,2006, which granted defendants' motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.

Summary judgment was properly granted in this action where plaintiff was injured when thevehicle he was driving collided into the rear of defendants' truck while it was stopped at a trafficlight. Plaintiff's submissions failed to raise a triable issue of fact as to whether defendants causedor contributed to the collision (seeMullen v Rigor, 8 AD3d 104 [2004]). Concur—Mazzarelli, J.P., Andrias, Saxe,Gonzalez and Sweeny, JJ.