Green v. Mower
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of Supreme Court, Herkimer County, (Daley, J.), entered February 20, 2002, which denied defendants’ motion seeking summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is granted and the complaint is dismissed.
Memorandum: Supreme Court erred in denying defendants’ motion seeking summary judgment dismissing the complaint. Defendants established that, at 3:00 a.m., plaintiffs decedent was wearing dark clothing and riding a bicycle without illumination when he…
2Cases cited5 opinions
- Namisnak v. MartinAppellate Division of the Supreme Court of the State of New York · 1997
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- Weise v. LazoreAppellate Division of the Supreme Court of the State of New York · 1984
- Spells v. LewisAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
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