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Foy v. Hurley

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 138 (N.Y. App. Div. 2005)

Opinion

5960.

June 7, 2005.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered October 25, 2004, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Herzfeld Rubin, P.C., New York (David B. Hamm of counsel), for appellants.

Miller Goldman, P.C., New York (Allan R. Pearlman of counsel), for respondent.

Before: Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.


Plaintiff has failed to raise a triable issue of fact on the issue of causation. Her deposition testimony, which was submitted by defendant in support of the motion, clearly demonstrates that she has no recollection of the accident whatsoever or what caused her to be injured. Plaintiff fails to submit any other evidence to demonstrate that any negligence of the defendants was a substantial factor in the accident.


Summaries of

Foy v. Hurley

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 138 (N.Y. App. Div. 2005)
Case details for

Foy v. Hurley

Case Details

Full title:MARY FOY, Respondent, v. JAMES V. HURLEY et al., Appellants

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

Date published: Jun 7, 2005

Citations

19 A.D.3d 138 (N.Y. App. Div. 2005)
795 N.Y.S.2d 884