Guacci v. Ogden Bros. Collision, Inc.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 11, 2006, which denied the motion of defendants Ogden Bros. Collision and Lynch for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of Ogden and Lynch dismissing the complaint as against them.

Lynch’s parking at an accident scene to tow a disabled vehicle was not one of the causes of the accident, but merely furnished the instrumentality by which plaintiff was injured when defendant…