Woodcock v. County of Niagara

Order unanimously affirmed, with costs. Memorandum: Respondent’s decedent died as a result of an accident while she was riding as a passenger on the rear of a motorcycle operated by her husband. The administrator of her estate brought suit against her husband and the appellant, County of Niagara. Appellant moved for summary judgment dismissing respondent’s complaint against it and alleged that the sole proximate cause of this accident was the negligent conduct of decedent’s husband in the operation of his motorcycle. Special Term denied the appellant county’s motion for summary judgment. We…