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RICHARD DAUBER, as Administrator of the Estate of SUSAN DAUBER, Deceased, Appellant, v. KEN LAMONT STONE et al., Respondents, and SUSAN M. SCHWARTZ et al., Appellants, et al., Defendant. (Action No. 1.) SUSAN M. SCHWARTZ, Appellant,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

This case arises out of a multivehicle accident that took place on January 27, 2006, at 11:50 A.M., in the eastbound lane of Sunrise Highway, in Nassau County. At that time, a tractor-trailer owned by MGM Transport Corp. (hereinafter MGM) and operated by Ken Lamont Stone was double-parked so that it extended into the right eastbound lane of traffic while Stone made a delivery of merchandise to the defendant Vanity Fair Manufacturers, Inc., doing business as Vanity Fair (hereinafter Vanity Fair). A vehicle operated by Susan Dauber entered the right eastbound lane of Sunrise Highway from a driveway to the west of Vanity Fair, then immediately began to move to the center lane. At the same time, a vehicle operated by Susan M. Schwartz began to move into the center lane from the left lane. The vehicles collided and both vehicles were propelled in the direction of the double-parked truck. As a result of the collision, Schwartz was injured and Dauber was killed.

The Supreme Court properly awarded MGM, Stone, and Vanity Fair summary judgment dismissing the complaints and all cross claims insofar as asserted against them. Even assuming that the delivery truck was double-parked in violation of applicable regulations, MGM, Stone, and Vanity Fair demonstrated their entitlement to judgment as a matter of law by demonstrating that the location of that vehicle was not a proximate cause of the accident ( see Gerrity v Muthana, 7 NY3d 834; Sheehan v City of New York, 40 NY2d 496, 503; Wechter v Kelner, 40 AD3d 747; Remy v City of New York, 36 AD3d 602; Fermaglich v Arnone, 36 AD3d 584; Dormena v Wallace, 282 AD2d 425; Hyland v Calace, 244 AD2d 318). No triable issue of fact was raised in opposition as to whether the location of the double-parked tractor-trailer was a proximate cause of the accident ( see Alvarez v Prospect Hosp., 68 NY2d 320, 327).

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DAUBER v. LAMONT STONE
(Aug 31, 2010)