Santana v. MTA Bus Co.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 15, 2016, which denied defendant/third-party defendant United Parcel Service, Inc.’s (UPS) motion for summary judgment dismissing the complaint, cross claims and third-party complaint against it, unanimously affirmed, without costs.

Defendant UPS argues that, although its truck was parked in a no-standing zone in violation of 34 RCNY 4-08 (a) (3) at the time of the accident involving plaintiff’s bicycle and defendant MTA’s bus, its truck was not a proximate cause of the accident. However, the record presents issues of fact…