Magadino v. McCabe

Summary

The Appellate Division, Second Department, affirmed an order granting summary judgment to Christopher McCabe and Brown's of Bellport, Inc., in a personal-injury action arising from a three-vehicle collision. The court held that McCabe's maneuver into the HOV lane was not a proximate cause of the collision and that Brown's could not be vicariously liable because McCabe was not liable.

Holdings

1. McCabe established prima facie that he was not at fault in the accident, and Magadino failed to raise a triable issue of fact as to his negligence.
2. The rear-end collision with the stopped truck established a prima facie case of negligence against Magadino, and she failed to provide a nonnegligent explanation or otherwise raise a triable issue of fact.
3. Brown's could not be held vicariously liable because McCabe established that he was not liable to Magadino.

Questions Presented

1. Whether McCabe and Brown's established prima facie entitlement to summary judgment by showing that McCabe was not at fault in the accident.
2. Whether McCabe's maneuver into the HOV lane was a proximate cause of the collision or merely furnished the condition or occasion for it.
3. Whether Brown's could be held vicariously liable when McCabe was not liable to Magadino.

Disposition

affirmed