Ash v. McNamara

288 A.D.2d 956, 732 N.Y.S.2d 791, 2001 N.Y. App. Div. LEXIS 10737

Opinion

—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 submitted 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 (see, Bachman v Cook, 281 AD2d 938, 939; Brown v City of New York, 237 AD2d 398, 398-399). (Appeal from Order of Supreme Court; Oswego County, Nicholson, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.