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PLAINTIFF WAS INVOLVED IN A COLLISION WHICH PUSHED HIS CAR INTO DEFENDANT’S CAR WHICH WAS PARKED ALONG THE CURB IN VIOLATION OF PARKING REGULATIONS; THE LOCATION OF DEFENDANT’S CAR WAS NOT A PROXIMATE CAUSE OF THE ACCIDENT; DEFENDANT’S SUMMARY JUDGMENT MOTION SHOULD HAVE BEEN GRANTED (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined defendant (Lopez) was entitled to summary judgment in this traffic accident case. Plaintiff was involved in a collision which pushed his car into defendant Lopez’s car, which was parked along the curb. The fact that the Lopez car was parked in violation of parking regulations was not controlling:

Even assuming, as the plaintiff alleges, that Lopez’s vehicle was parked in violation of applicable regulations, no triable issue of fact was raised as to whether the location of the parked vehicle was a proximate cause of the accident … . Indeed, the plaintiff admitted in an affidavit that it was the impact of Wilson’s vehicle striking his vehicle that caused his vehicle to come into contact with Lopez’s vehicle .Reeves v Wilson, 2023 NY Slip Op 01698, Second Dept 3-29-23

Practice Point: The fact that defendant’s car was illegally parked played no role in the collision which pushed plaintiff’s car into defendants. The location of defendant’s car was not a proximate cause of the accident. The fact that the car was illegally parked did not translate into liability.

 

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