Serrano v. Gilray

I respectfully dissent inasmuch as I disagree with the majority that defendant Marcy A. Sheehan met her burden of establishing that any negligence on her behalf was not a proximate cause of plaintiff’s injury. I would *1166therefore reverse the order granting Sheehan’s motion for summary judgment, deny the motion, and reinstate the complaint against Sheehan.

Inasmuch as Sheehan is the moving party, the facts must be viewed in the light most favorable to plaintiff and every available inference must be drawn in his favor (see De Lourdes Torres v Jones, 26 NY3d 742, 763 [2016]). Here, the submissions…