Afghani v. Metropolitan Suburban Bus Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for wrongful death and personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated July 7, *5122006, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by providing sufficient evidence that the infant decedent darted out from behind parked vehicles, directly into the path of the defendants’ vehicle, leaving the defendant driver unable to avoid…
2Cases cited4 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Williams v. EconAppellate Division of the Supreme Court of the State of New York · 1995
- Sheppeard v. MurciAppellate Division of the Supreme Court of the State of New York · 2003
- Gomez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006
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- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. HosleyAppellate Division of the Supreme Court of the State of New York · 2014
- Clark v. Amboy Bus Co.Appellate Division of the Supreme Court of the State of New York · 2014
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