You are here: / / Plaintiff’s Double-Parked Vehicle Furnished a Condition for the Accident...

Plaintiff’s Double-Parked Vehicle Furnished a Condition for the Accident But Was Not a Proximate Cause of the Acciden

The First Department reversed Supreme Court finding the fact that plaintiff was double-parked furnished the condition for the event but was not one of the causes of the accident.  The defendant driver had pulled around in front of plaintiff’s vehicle and then backed into it:

The fact that a vehicle is double parked “does not automatically establish that such double parking was the proximate cause of the accident” … . Here, plaintiff established her prima facie entitlement to summary judgment by demonstrating that the location of her vehicle merely furnished the condition or occasion for the occurrence of the event but was not one of its causes … .

The record demonstrates that plaintiff’s vehicle was double parked on a one way street. Defendants’ vehicle, moving in the same direction, successfully passed plaintiff’s vehicle on the left and pulled approximately three to four car lengths in front of it before stopping. One to two seconds later, defendants’ vehicle drove in reverse in an erratic manner and struck the front of plaintiff’s car, which was stationary at all times. Cervera v Moran, 2014 NY Slip Op 07945, 1st Dept 11-18-14

 

You might also like
HANDGUN FOUND IN A COAT IN A CLOSET BY A PAROLE OFFICER WITH A PAROLE ABSCONDER WARRANT SHOULD NOT HAVE BEEN SUPPRESSED (FIRST DEPT).
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION SHOULD HAVE BEEN GRANTED, THE SCAFFOLD TILTED OR COLLAPSED CAUSING EVERYTHING IN IT TO CRASH ONTO HIM (FIRST DEPT).
ANALYTICAL FRAMEWORK FOR DE FACTO MERGER OF NONPROFIT CORPORATIONS FASHIONED BY THE COURT.
Passenger in Recreational Go-Kart Assumed the Risk of Injury Caused by Being “Bumped” by Another Go-Kart
DATE OF WOMAN’S DISAPPEARANCE, NOT THE STATUTORY DEFAULT DATE FIVE YEARS LATER, WAS THE CORRECT DATE OF DEATH (FIRST DEPT).
THE JURY’S FINDING THAT THE SCAFFOLD PROVIDED ADEQUATE PROTECTION FOR THE PLAINTIFF IN THIS SCAFFOLD-FALL CASE WAS AGAINST THE WEIGHT OF THE EVIDENCE; NEW TRIAL REQUIRED (FIRST DEPT).
CLASS CERTIFICATION SHOULD NOT HAVE DENIED THE TENANTS IN THIS RENT-OVERCHARGE ACTION (FIRST DEPT).
Nervous and Uncooperative Actions by Defendant Justified Search of Area Inside Defendant’s Car After Defendant Was Out of the Car and Had Been Frisked

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Wooden Flooring With Gaps Between the Planks Constituted an Elevation-Related... Cause of Action Against Landlord for Nuisance, Based Upon a Noisy Tenant, Does...