Garnsey v. Bujanowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Sise, J.), entered August 28, 2003 in Warren County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiffs husband drove his all-terrain, off-road vehicle onto a public highway and struck defendant’s automobile. Tragically, he sustained fatal injuries. Following joinder of issue and depositions, defendant moved for summary judgment. Supreme Court granted the motion and plaintiff appeals.
We affirm. Defendant presented evidence that he was driving his car safely within the speed limit and with clear visibility when…
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