Fisher v. Farrell

Appeal from an order of the Supreme Court (Conway, J.), entered April 15, 1991 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

In support of his motion for summary judgment, defendant submitted his affidavit and other documents in admissible form to show that the death of plaintiffs’ decedent occurred without any fault on his part. The death occurred when the motorcycle that decedent was operating failed to negotiate a right hand curve and slid across the roadway and under defendant’s vehicle, which was then stopped. Defendant avers that on…