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Brawley v. Armstead

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 296 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated March 6, 1996, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Wilhelmina Brawley was operating a motor vehicle owned by the defendant when it hit a large bump in the road, went out of control, and eventually collided with a building. Brawley and the plaintiff Lisa Holmes, a passenger in the car, sought to recover damages on the theory that their injuries were proximately caused by the defendant's improper maintenance of the vehicle and its tires.

The defendant has adequately demonstrated that the accident in which the plaintiffs were injured was not attributable to any negligent conduct on her part. The plaintiffs have failed to raise a question of fact sufficient to require a trial ( see, Zuckerman v. City of New York, 49 N.Y.2d 557; Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065). Accordingly, the defendant's motion for summary judgment should have been granted. Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Brawley v. Armstead

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 296 (N.Y. App. Div. 1997)
Case details for

Brawley v. Armstead

Case Details

Full title:WILHELMINA BRAWLEY et al., Respondents, v. VANESSA ARMSTEAD, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1997

Citations

238 A.D.2d 296 (N.Y. App. Div. 1997)
656 N.Y.S.2d 926