Legal Opinion

Flores v. Pharmakitis

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Hansel McGee, J.), entered January 28, 1993, granting defendant Sandy Pharmakitis’ motion for summary judgment dismissing the complaint against him, unanimously affirmed, without costs.

"While negligence cases do not generally lend themselves to resolution by a motion for summary judgment, such a motion will be granted where, as here, the facts clearly point to the negligence of one party without any culpable conduct by the other” (Barnes v Lee, 158 AD2d 414). The obvious precipitating cause of the accident was defendant Shibab’s loss of control of her car…

2Cases cited1 opinion

  1. Barnes v. LeeAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. Costa v. 1648 Second Avenue Restaurant Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Czumaj v. BorzelleriAppellate Division of the Supreme Court of the State of New York · 1995

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