Portelli v. Garcia

OPINION OF THE COURT

Daniel Palmieri, J.

The motion of defendant Vigliotti Enterprises for summary judgment pursuant to CPLR 3212 is granted and as to said defendant only, the complaint and all cross claims are dismissed.

This is an action for personal injuries sustained by plaintiff Giovanni Portelli and his wife, Carmela Portelli, derivatively as a result of an accident which took place on August 23, 1999, at approximately 7:45 a.m., on the south side of Railroad Avenue, west of Urban Avenue, in Nassau County.

Plaintiff, a landscape contractor, had lawfully parked his truck in a parking space…