BRITO v. RDJ EXPRESS TRANSPORT

52, 302568/13

135 A.D.3d 651 (2016)

23 N.Y.S.3d 572

2016 NY Slip Op 00594

JOSE BRITO, Respondent, v. RDJ EXPRESS TRANSPORT et al., Appellants.

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

Decided January 28, 2016.


Plaintiff failed to establish entitlement to summary judgment on the issue of liability in this action where plaintiff's vehicle was double-parked in a lane of travel 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 (see White v Diaz,

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