PLAUT v. Central Parking Systems of New York, Inc., et al., Defendants-Respondents-Appellants. (2005)

Supreme Court, Appellate Division, First Department, New York.

Lauren PLAUT, Plaintiff-Appellant-Respondent, v. ALLRIGHT PARKING MANAGEMENT, INC., et al., Defendants-Respondents, Central Parking Systems of New York, Inc., et al., Defendants-Respondents-Appellants.

Decided: May 31, 2005

ANDRIAS, J.P., FRIEDMAN, MARLOW, NARDELLI, WILLIAMS, JJ.

Miller & Goldman P.C., New York (Julie L. Miller and Linda A. Goldman of counsel), for appellant-respondent. Brill & Associates, P.C., New York (Haydn J. Brill of counsel), for respondents-appellants. Law Offices of Michael E. Pressman, New York (Michael E. Pressman of counsel), for respondents.

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 & 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.

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