Summary Judgment-Supreme Court, Bronx County

Solis v. Trucknology, Inc., Kenneth Aronholz and Concept 2000
Plaintiff was allegedly injured while standing in the roadway in front of our client Concept 2000’s auto parts store when a vehicle owned and operated by Trucknology, Inc. and Kenneth Aronholz respectively struck the plaintiff. Plaintiff alleged that our clients were negligent in designing a curb cut in the sidewalk in front of our client’s store on which the plaintiff parked his vehicle. Plaintiff was standing behind the vehicle in the roadway when he was allegedly struck by the co-defendant’s vehicle. After initially having our motion for summary judgment denied on procedural grounds, Peter Lo Palo successfully moved to renew/reargue summary judgment, arguing that our clients did not owe the plaintiff a duty of care and that our client’s actions were not the proximate cause of plaintiff’s accident. The Court agreed and dismissed plaintiff’s complaint and all cross-claims.