Thomas M. Gerrity v Abdul-Malik Muthana

Gerrity v Muthana 2006 NY Slip Op 06483 [7 NY3d 834] September 19, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 29, 2006

[*1] Thomas M. Gerrity et al., Appellants,
v
Abdul-Malik Muthana, Defendant, and Leprechaun Lines, Inc., et al., Respondents.

Decided September 19, 2006

Gerrity v Muthana, 28 AD3d 1063, affirmed.

APPEARANCES OF COUNSEL

Reden & O'Donnell, Buffalo (Joseph E. O'Donnell of counsel), for appellants.

Walsh, Roberts & Grace, Buffalo (Thomas E. Roberts of counsel), for Leprechaun Lines, Inc., respondent.

Alisa A. Lukasiewicz, Corporation Counsel, Buffalo (Lisa M. Yaeger of counsel), for City of Buffalo, respondent.

Lippman O'Connor, Buffalo (Robert M. Lippman of counsel), for County of Erie, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Even assuming that the location of the bus owned by defendant Leprechaun Lines, Inc. in the traffic lane at the time of the accident resulted, in some respect, from negligence on the part of Leprechaun, the City of Buffalo or the County of Erie/Erie Community College as plaintiffs allege, these defendants were nonetheless entitled to summary judgment because they [*2]established, as a matter of law, that the alleged negligence was not a proximate cause of plaintiff's injuries (see Sheehan v City of New York, 40 NY2d 496, 503 [1976]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.