Darrow v. American National Red Cross

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated January 10, 2001, which granted the separate motions of the defendant and the third-party defendant for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Based, in part, upon the deposition testimony of the plaintiffs *394decedent, the defendant and the third-party defendant made a prima facie showing of entitlement to summary judgment dismissing the complaint by demonstrating that the defendant neither created…