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MURRAY-DAVIS v. RAPID ARMORED CORPORATION

300 A.D.2d 96 (2002)

752 N.Y.S.2d 37

WILHEMINA MURRAY-DAVIS et al., Respondents, v. RAPID ARMORED CORPORATION et al., Appellants.

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

Decided December 12, 2002.

We disagree with the conclusion of the motion court, although not its ultimate disposition, and find that an issue of fact exists as to whether defendants' armored vehicle was illegally double-parked (see 34 RCNY 4-08 [f]), as it has been held that a violation of a double-parking statute is some evidence of negligence which should go to the jury (Ferguson v Gassman, 229 A.D.2d 464; see also Newman v Hart,

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