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GERRITY v. MUTHANA

7 N.Y.3d 834 (2006)

857 N.E.2d 527

824 N.Y.S.2d 206

THOMAS M. GERRITY et al., Appellants, v. ABDUL-MALIK MUTHANA, Defendant, and LEPRECHAUN LINES, INC., et al., Respondents.

Court of Appeals of New York.

Decided September 19, 2006.

Attorney(s) appearing for the Case

Reden & O'Donnell, Buffalo (Joseph E. O'Donnell of counsel), for appellants.

Walsh, Roberts & Grace, Buffalo (Thomas E. Roberts of counsel), for Leprechaun Lines, Inc., respondent.

Alisa A. Lukasiewicz, Corporation Counsel, Buffalo (Lisa M. Yaeger of counsel), for City of Buffalo, respondent.

Lippman O'Connor, Buffalo (Robert M. Lippman of counsel), for County of Erie, respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Even assuming that the location of the bus owned by defendant Leprechaun Lines, Inc. in the traffic lane at the time of the accident resulted, in some respect, from negligence on the part of Leprechaun, the City of Buffalo or the County of Erie/ Erie Community College as plaintiffs allege, these defendants...

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