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INSINGA v. F.C. GENERAL CONTRACTING

33 A.D.3d 963 (2006)

823 N.Y.S.2d 513

PHILIP INSINGA, Respondent, v. F.C. GENERAL CONTRACTING et al., Appellants-Respondents, RYDER et al., Respondents-Appellants, and PETRI BAKING PRODUCTS et al., Respondents.

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

Decided October 31, 2006.

Ordered that the order is affirmed, with one bill of costs payable to the plaintiff-respondent and the defendants-respondents appearing separately and filing separate briefs.

The defendants Ryder and Chung Woo Han established their prima facie entitlement to judgment as a matter of law by submitting evidence that the vehicle owned by Ryder and driven by Han was stopped at the time of the accident (see Garces v Karabelas, 17 A.D.3d 633

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