4 No. 173 SSM 25
Thomas M. Gerrity et al.,
Appellants, v. Abdul-Malik Muthana,
Defendant,
Leprechaun Lines, Inc., et al.,
Respondents.
2006 NY Int. 115
September 19, 2006
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Joseph E. O'Donnell, for appellants. Submitted by Thomas E. Roberts, for respondent
Leprechaun Lines, Inc. Submitted by Lisa M. Yaeger, for respondent City of
Buffalo. Submitted by Robert M. Lippman, for respondent County
of Erie.
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 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]).