Practie point: The Appellate Division reversed the motion court, and denied plaintiff's motion for partial summary judgment on the issue of liability in this action where plaintiff's vehicle was double-parked, in violation of 34 RCNY 4-08(f)(1), when it was struck by defendants' vehicle as that vehicle attempted to pass plaintiff's car. Plaintiff failed to show that his own negligence in double-parking his car in the traveling lane was not a proximate cause of the accident.
Student note: The Appellate Division rejected, as a matter of law, plaintiff's assertion that the fact that his vehicle was double-parked merely furnished the occasion for the accident.
Case: Brito v. RDJ Express Transp., NY Slip Op 00594 (1st Dept. 2016)
Here is the decision.
Tomorrow's issue: Dismissal of a fraud claim.