12/14/2021 – Carlino v. Shapiro, et al.
In this negligence action, plaintiff alleged that his pickup truck was rear-ended by a container truck owned by our client 246 Morgan Avenue Corp. on Bedford Avenue, Brooklyn, New York. Plaintiff alleged that the defendants negligently directed traffic and our client’s container truck, thereby causing the otherwise avoidable collision. At the close of discovery, Anthony Buono, successfully moved for summary judgment, achieving dismissal of all claims against the defendants. The Court credited our argument that the testimony proffered by the driver of the 246 Morgan Avenue Corp. container truck established that the sole proximate cause of the collision was a mechanical failure with the gear box and brakes, and not negligent traffic control, where the driver admitted he saw plaintiff’s vehicle, tried to stop, but was unable to.