IQBAL v. Simon Roth, appellant.

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

Rana Z. IQBAL, et al., respondents, v. Alexsandr PETROV, defendant, Simon Roth, appellant.

Decided: July 19, 2004

ANITA R. FLORIO, J.P., SONDRA MILLER, REINALDO E. RIVERA, and ROBERT A. LIFSON, JJ. Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellant. Rubenstein & Rynecki, Brooklyn, N.Y. (Milene Mansouri of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendant Simon Roth appeals from an order of the Supreme Court, Kings County (Douglass, J.), dated September 10, 2003, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Simon Roth, and the action against the remaining defendant is severed.

The defendant Simon Roth established his entitlement to judgment as a matter of law by demonstrating that the negligence of the defendant Alexsandr Petrov in failing to stop at a red traffic light and proceeding through the intersection without stopping was the sole proximate cause of the accident (see Lestingi v. Holland, 297 A.D.2d 627, 628, 747 N.Y.S.2d 522;  Casanova v. New York City Tr. Auth., 279 A.D.2d 495, 719 N.Y.S.2d 125;  Diasparra v. Smith, 253 A.D.2d 840, 678 N.Y.S.2d 373;  Salenius v. Lisbon, 217 A.D.2d 692, 693, 630 N.Y.S.2d 531).   In opposition, the plaintiffs failed to submit evidence sufficient to a raise triable issue of fact (see Stiles v. County of Dutchess, 278 A.D.2d 304, 305, 717 N.Y.S.2d 325;  Cenovski v. Lee, 266 A.D.2d 424, 698 N.Y.S.2d 868).

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