JOANNE WARMUS PLAINTIFF APPELLANT v. LARRY SUTTON AND RELCO SYSTEMS INC DEFENDANTS RESPONDENTS

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

JOANNE M. WARMUS, PLAINTIFF-APPELLANT, v. LARRY E. SUTTON AND RELCO SYSTEMS, INC., DEFENDANTS-RESPONDENTS.

CA 09-02419

Decided: May 07, 2010

PRESENT:  SCUDDER, P.J., MARTOCHE, FAHEY, GREEN, AND GORSKI, JJ. ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (KEVIN VASQUEZ HUTCHESON OF COUNSEL), FOR PLAINTIFF-APPELLANT. LAW OFFICES OF TAYLOR & SANTACROSE, BUFFALO (CHRISTOPHER R. TURNER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is granted in its entirety.

Memorandum:  Plaintiff commenced this action seeking damages for injuries she allegedly sustained when a tractor-trailer owned by defendant Relco Systems, Inc. and operated by defendant Larry E. Sutton struck a motorcycle on which plaintiff was a passenger.   Supreme Court granted those parts of plaintiff's motion seeking summary judgment on the issue of negligence and dismissing the first affirmative defense.   Plaintiff appeals from the order insofar as it denied that part of her motion seeking summary judgment on the issue of proximate cause, and we reverse.   Plaintiff met her initial burden with respect thereto, and defendants failed to raise a triable issue of fact in opposition (see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Patricia L. Morgan

Clerk of the Court