Dabney v. Ayre

Appeal from an order of the Supreme Court at Special Term (Swartwood, J.), entered April 29, 1981 in Tompkins County, which denied plaintiff’s motion for summary judgment. In an action to recover for property damages sustained following a two-car intersection collision, defendant interposed an answer consisting of a general denial and an affirmative defense charging plaintiff with culpable conduct which caused or contributed to plaintiff’s damages. Considering the affirmative defense meritless, plaintiff moved to have it dismissed and for summary judgment. Included in the moving papers were…