Guzman v. Schiavone Construction Co.

Order, Supreme Court, New York County (Milton Tingling, J.), entered February 6, 2003, which granted summary judgment dismissing the complaint as against defendants Schiavone Construction Co. and Bailey (Schiavone’s operator), unanimously affirmed, without costs.

Plaintiffs, passengers in a car that rear-ended an attenuator truck with flashing yellow lights, which was parked in a construction zone in the left lane of the Harlem River Drive, sued the owner and operator of the truck, inter alia, for injuries sustained in the accident. The rule that a driver is required to maintain a safe…