Ash v. McNamara
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of defendant’s motion seeking summary judgment dismissing the complaint. In support of his motion, defendant *957submitted his deposition and affidavits of two witnesses establishing that defendant was driving in a reasonable and prudent manner when plaintiffs infant daughter ran into the road in front of defendant’s vehicle. In opposition to the motion, plaintiff failed to raise a triable issue of fact whether defendant had sufficient time to react to her daughter’s suddenly running into the road…
2Cases cited2 opinions
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Bachman v. CookAppellate Division of the Supreme Court of the State of New York · 2001