Legal Opinion

Ash v. McNamara

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 2001Published

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

  1. Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bachman v. CookAppellate Division of the Supreme Court of the State of New York · 2001

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