Lupowitz v. Fogarty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated June 28, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff, riding a motorcycle, was struck by the defendant in or around a “Y” shaped intersection in Nassau County. The plaintiff commenced this action and the defendant successfully moved for summary judgment.
The defendant made out a prima facie showing of entitlement to judgment as a…
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