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MOLLIE FERMAGLICH, Plaintiff, v. GIUSEPPE O. ARNONE et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. GREAT SPRINGS WATERS, Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the third-party defendant's motion for summary judgment dismissing the third-party complaint. Even assuming that the delivery truck owned by the third-party defendant was parked in violation of parking regulations, the third-party defendant demonstrated its entitlement to judgment as a matter of law by presenting evidence that the location of its 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; Condra v Reckson Operating Partnership, 6 AD3d 483 [2004]; Mendrykowski v New York Tel. Co., 2 AD3d 1410 [2003]; Whitehead v Reithoffer Shows, 304 AD2d 754; Dormena v Wallace, 282 AD2d 425). In opposition to the motion, the third-party plaintiffs failed to raise a triable issue of fact as to whether the location of the parked delivery truck was a proximate cause of the accident.

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FERMAGLICH v. ARNONE
(Jan 9, 2007)