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Kerrie Puccio, etc., et al., appellants, v. Lucille Caputo, et al., defendants, PSA, a di

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants PSA, a division of Pepsico, Inc. (hereinafter PSA), and Juan Perez, for summary judgment dismissing the complaint insofar as asserted against them. PSA, the owner of a tractor trailer delivery truck, and Perez, the operator of the truck, established that the operator of the other vehicle, the defendant Lucille Caputo, was negligent as a matter of law by failing to stop at a stop sign and colliding with the side of the tractor trailer as it passed through the intersection (see, Hines v. New York City Transit Auth., 264 A.D.2d 506; Wolfson v. Milillo, 262 A.D.2d 636). In opposition, the plaintiffs, who were passengers in the Caputo vehicle, failed to submit evidence to create a triable issue of fact regarding whether Perez was in any way at fault in causing the accident (see, Perez v. Brux Cab Corp., 251 A.D.2d 157; Namisnak v. Martin, 244 A.D.2d 258).

GOLDSTEIN, J.P., FLORIO, FEUERSTEIN and SCHMIDT, JJ., concur.

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PUCCIO v. CAPUTO
(May 8, 2000)