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BARRY v. PEPSI-COLA BOTTLING CO. OF N.Y., INC.

15685, 309625/12

130 A.D.3d 500 (2015)

11 N.Y.S.3d 857

2015 NY Slip Op 06034

ALFRED BARRY, Respondent, v. PEPSI-COLA BOTTLING COMPANY OF NEW YORK, INC., Appellant, et al., Defendants.

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

Decided July 9, 2015.

In this rear-end collision case, even assuming that the Pepsi vehicle, hit from behind, was illegally double-parked, that fact, standing alone "does not automatically establish that such double-parking was the proximate cause of the accident" (Cervera v Moran, 122 A.D.3d 482, 483 [1st Dept 2014] [internal quotation marks omitted]). Here, the record shows that the double-parked vehicle, given the road conditions at the time of the...

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