ORDERED that the order dated March 30, 2001, which denied the motion of Star Pontiac Corp. is reversed, on the law, the motion is granted, and the complaint and cross claims are dismissed insofar as asserted against the defendant Star Pontiac Corp., and the action against the remaining defendants is severed; and it is further,
ORDERED that the order dated March 30, 2001, which granted the cross motion of the defendant G.O. Tires, Inc., is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the defendants Star Pontiac Corp. and G.O. Tires, Inc.
The defendant Star Pontiac Corp. established its entitlement to judgment as a matter of law by proving that it had no duty to warn the defendant Reza M. Maghsoudlou of the dangers associated with driving with different size tires at excessive speeds and for long distances because Maghsoudlou was already aware of the danger (see Trivino v. Jamesway Corp., 148 A.D.2d 851). In any event, even if Star Pontiac did have a duty to warn Maghsoudlou, the vehicle sold to him was equipped with an owner's manual which contained a warning against using different size tires (see Collins v. Rockbottom Stores, 279 A.D.2d 443). Furthermore, the defendant G.O. Tires, Inc., met its burden of proving that it had no duty to warn Maghsoudlou of the dangers of driving with different size tires at excessive speeds and for long distances. In opposition, the plaintiffs failed to raise a triable issue of fact.
FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.