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Busnel v. Arc De Triumphe Bicycle, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 567 (N.Y. App. Div. 2004)

Opinion

2003-00848.

Decided April 19, 2004.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Glover, J.), dated December 23, 2002, as granted the defendant's motion for summary judgment dismissing the plaintiff's cause of action to recover damages based on negligence.

Sullivan Papain Block McGrath Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Stefanie R. Cardarelli of counsel), for appellant.

Paganini, Herling, Cioci Cusumano, Lake Success, N.Y. (Kerri E. Levy of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT. REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the plaintiff's cause of action to recover damages based on negligence. In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff did not raise an issue of fact as to whether the defendant failed to exercise reasonable care in inspecting and repairing his bicycle ( see generally Hidden Meadows Dev. Co. v. Parmalee's Forest Prods., 289 A.D.2d 642).

The plaintiff's remaining contentions have been rendered academic in light of our determination.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.


Summaries of

Busnel v. Arc De Triumphe Bicycle, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 567 (N.Y. App. Div. 2004)
Case details for

Busnel v. Arc De Triumphe Bicycle, Inc.

Case Details

Full title:PASCAL BUSNEL, appellant, v. ARC DE TRIUMPHE BICYCLE, INC., respondent

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

Date published: Apr 19, 2004

Citations

6 A.D.3d 567 (N.Y. App. Div. 2004)
774 N.Y.S.2d 832