Myers v. Fir Cab Corp.

Kassal, J. (dissenting).

The issue on this appeal is whether plaintiff is entitled to summary judgment in this negligence action. Special Term granted the motion and the majority has affirmed, concluding that defendant, through the actions of its driver, was negligent as a matter of law. We disagree. The inferences reasonably capable of being drawn as to whether defendant’s conduct was negligent under the circumstances are matters exclusively for *34the trier of the facts, not for the court in a fact-finding determination.

On July 11, 1981, at or about 8:00 p.m., a hot summer’s night, Edwin…