[*1]
GEICO Gen. Ins. Co. v Luna Transp.
2005 NY Slip Op 52120(U) [10 Misc 3d 135(A)]
Decided on December 13, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.
2005-361 Q C

GEICO General Insurance Company, as Subrogee of Jennifer Figueroa, Plaintiff,

against

Luna Transportation and Mardahay Isakov, Respondents. Luna Transportation and Mardahay Isakov, Third-Party Plaintiffs-Respondents, Gennadiy Vayshteyn, Yakov Gabinsky, Tatyana Gabinsky, Third-Party Defendants-Respondents, -and- Maryann C. Littles, Third-Party Defendant-Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Denis [*2]Butler, J.), entered December 8, 2004. The order denied the motion by third-party defendant Maryann C. Littles for summary judgment.


Order unanimously reversed without costs and third-party defendant Maryann C. Littles' motion for summary judgment granted.

In this negligence action for property damage, third-party defendant Maryann C. Littles' automobile, which was operated by her son, became disabled in the right lane of the Belt Parkway. He stated in an affidavit that he activated the emergency flashers. After some time had passed, Figueroa's vehicle allegedly stopped short well behind Littles' vehicle without striking it. Figueroa's vehicle was then struck from behind causing damage thereto.

Under the circumstances presented, it cannot be said that the operator of Littles' vehicle was negligent or that his actions caused the accident. Accordingly, the order should be reversed and third-party defendant Maryann C. Littles' motion for summary judgment granted.
Decision Date: December 13, 2005