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Di PONZIO v. RIORDAN

224 A.D.2d 139 (1996)

645 N.Y.S.2d 368

Richard Di Ponzio et al., Respondents, v. Michael Riordan, Defendant, United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996

Attorney(s) appearing for the Case

Volgenau & Bosse, Buffalo (Norman E. S. Greene of counsel), for appellant.

Norman A. Palmiere, P. C., Rochester, for respondents.

Connors & Corcoran, Rochester, for defendant.

DENMAN, P. J., concurs in result in a separate opinion; GREEN and BOEHM, JJ., dissent and vote to affirm for reasons stated in decision at Supreme Court, Fisher, J.

WESLEY, J.

We are presented in this case with an issue of first impression for appellate courts in New York: is it foreseeable that an unattended parked car, with its motor running, would inexplicably move and strike a patron at a gas station? We hold that, as a matter of law, it is not foreseeable that such a chain of events would occur.

I

On April 15, 1991, at about 1:00 P.M., Richard Di...

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