Lauren Plaut v Allright Parking Management, Inc.

Plaut v Allright Parking Mgt., Inc. 2005 NY Slip Op 04331 [18 AD3d 396] May 31, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

Lauren Plaut, Appellant-Respondent,
v
Allright Parking Management, Inc., et al., Respondents, and Central Parking Systems of New York, Inc., et al., Respondents-Appellants.

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Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about September 21, 2004, which, to the extent appealed from, granted plaintiff partial summary judgment on the issue of negligence against defendant Gyamfi except with respect to plaintiff's comparative negligence, unanimously modified, on the law, to the extent of granting plaintiff summary judgment on the issue of liability against Gyamfi without exception, and otherwise affirmed, without costs.

The IAS court erred in not granting plaintiff's motion without exception, since the evidence submitted by both parties demonstrated that Gyamfi was negligent as a matter of law in backing up the vehicle into plaintiff pedestrian without taking adequate precautions (Vehicle and Traffic Law § 1211 [a]). Defendants' assertion that an issue of fact was raised as to plaintiff's comparative negligence is speculative and unsupported by the record. Concur—Andrias, J.P., Friedman, Marlow, Nardelli and Williams, JJ.