A.C. Ex Rel. Naminata C. v. Ajisogun
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered July 7, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
“A driver in an area where children are playing need not exercise ‘extreme care or caution,’ although [he] must exercise the care that a reasonably prudent person would exercise under the circumstances” (DeJesus v Alba, 63 AD3d 460, 463 [1st Dept 2009], affd 14 NY3d 860 [2010]). Here, defendant established his entitlement to judgment as a matter of law by producing evidence that he was not…
2Cases cited4 opinions
- Ferrer v. HarrisNew York Court of Appeals · 1982
- DeJesus v. AlbaNew York Court of Appeals · 2010
- Hinkle v. TrejoAppellate Division of the Supreme Court of the State of New York · 2011
- Yahya v. KahanAppellate Division of the Supreme Court of the State of New York · 2016