Dorazio v. Delbene
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*646In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Sproat, J.), dated October 11, 2005, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
The defendants demonstrated their prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiffs negligence was the sole proximate cause of the accident (see Alvarez v Prospect Hosp., 68 NY2d…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
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- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
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