Goodwick v Northeastern Tour Inc.

Goodwick v Northeastern Tour Inc. 2007 NY Slip Op 08841 [45 AD3d 372] November 15, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

David Goodwick, Appellant,
v
Northeastern Tour Inc. et al., Appellants, and Richard J. Brzozowski, Respondent, et al., Defendants.

—[*1] Pollack Pollack Isaac & DeCicco, New York City (Brian J. Isaac of counsel), for David Goodwick, appellant.

Carfora, Klar, Gallo, Vitucci, Pinter & Cogan, LLP, New York City (Yolanda L. Ayala of counsel), for Northeastern Tour Inc. and Ringo Ng, appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Richard E. Lerner of counsel), for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 10, 2006, which, upon the grant of reargument, vacated its prior order and granted defendant Brzozowski's motion for summary judgment dismissing the complaint and all cross claims against him, unanimously affirmed, without costs.

No issues of fact were raised as to whether Brzozowski caused or contributed to a multivehicle collision in which he safely brought his car to a stop before he was rear-ended, by a bus owned by defendant Northeastern Tour Inc. and operated by defendant Ng, and pushed into the vehicle in front of him (see Mullen v Rigor, 8 AD3d 104 [2004]). Concur—Lippman, P.J., Andrias, Nardelli, Gonzalez and Kavanagh, JJ.