YULA v. SAMPLE PARKING CORP.


294 A.D.2d 236 (2002)

741 N.Y.S.2d 863

ANTHONY YULA et al., Respondents, v. SAMPLE PARKING CORP., Appellant, and JAKKA SAIRAMESH, Respondent.

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

Decided May 23, 2002.


Plaintiff Anthony Yula was injured on the premises of the parking garage owned and operated by defendant-appellant Sample Parking Corp. (Sample) when he was struck by the automobile operated by co-defendant Jakka Sairamesh. The codefendant's uncontradicted testimony establishes that the sole proximate cause of the accident was either his negligent operation of his vehicle or a malfunction of the vehicle's braking mechanism. Accordingly, Sample is entitled to summary judgment...

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