Rodriguez v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered March 9, 2012, which denied a motion by defendant City of New York for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against the City. The Clerk is directed to enter judgment accordingly.

Plaintiffs are pedestrians who were seriously injured on January 19, 2004 when struck by a 1992 Buick that mounted a sidewalk while being driven by defendant Korey Bullock. The City’s proof established that on the day of the accident, three…