Legal Opinion
Papadakis v. HM Kelly, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2012PublishedCited by 7 opinions
1Opinion of the Court
*732The defendants established their entitlement to judgment as a matter of law by submitting evidence that the location of their vehicle merely furnished the condition for the subject accident, and that the plaintiffs negligent operation of her vehicle was the sole proximate cause of the accident (see Iqbal v Thai, 83 AD3d 897 [2011]; Hyland v Calace, 244 AD2d 318 [1997]; Lectora v Gundrum, 225 AD2d 738 [1996]). In opposition, the plaintiff failed to raise a triable issue of fact. The Supreme Court therefore properly granted the defendants’ motion for summary judgment dismissing the complaint.…
2Cases cited3 opinions
- Iqbal v. ThaiAppellate Division of the Supreme Court of the State of New York · 2011
- Hyland v. CalaceAppellate Division of the Supreme Court of the State of New York · 1997
- Lectora v. GundrumAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- Gall v. SchwedAppellate Division of the Supreme Court of the State of New York · 2014
- Braverman v. Bendiner & Schlesinger, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Braverman v. Bendiner & Schlesinger, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Fuzailova v. RinconAppellate Division of the Supreme Court of the State of New York · 2022
- Fuzailova v. RinconAppellate Division of the Supreme Court of the State of New York · 2022
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