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WEEKS v. MACKEY

261 A.D.2d 536 (1999)

688 N.Y.S.2d 908

ELMINA WEEKS, Plaintiff, v. DARRYL T. MACKEY et al., Defendants. (Action No. 1.) DONETTA KEARSE, Respondent, v. DARRYL T. MACKEY et al., Defendants, ANTONIO MONTANEZ, Respondent, and ELRAC, INC., et al., Appellants. (Action No. 2.) HECTOR PADILLA et al., Respondents, v. DARRYL T. MACKEY et al., Defendants, ANTONIO MONTANEZ, Respondent, and ELRAC, INC., et al., Appellants. (Action No. 3.) EILEEN DENKER, Respondent, v. DARRYL T. MACKEY et al., Defendants, ANTONIO MONTANEZ, Respondent, and ELRAC, INC., et al., Appellants. (Action No. 4.) GERALDO GONZALEZ et al., Plaintiffs, v. DARRYL T. MACKEY et al., Defendants. (Action No. 5.) ANTONIO MONTANEZ et al., Plaintiffs, v. DARRYL T. MACKEY et al., Defendants. (Action No. 6.)

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

Decided May 17, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Material issues of fact exist as to whether the appellants' illegally-parked car was a proximate cause of the plaintiffs' injuries sustained as a result of a multi-vehicle accident on the New York State Thruway (see, Zuckerman v City of New York, 49 N.Y.2d 557; Ferguson...

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