Deshaies v. Prudential Rochester Realty

Scudder and Lawton, JJ.

(dissenting). We respectfully dissent. In our view, defendant Cindy L. Gilchrist established her entitlement to judgment as a matter of law on her cross *1001motion seeking summary judgment dismissing the complaint against her and plaintiff failed to raise an issue of fact whether any action or inaction on Gilchrist’s part was a proximate cause of the accident resulting in the death of plaintiff’s decedent. In support of her cross motion, Gilchrist established that she was traveling eastbound on Route 104 at a rate of 55 miles per hour and was approximately two car lengths…