Foy v. Hurley

Appellate Division of the Supreme Court of New York

Foy v. Hurley

19 A.D.3d 138, 795 N.Y.S.2d 884, 2005 N.Y. App. Div. LEXIS 5980

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 2005

StatusPublished

This text of 19 A.D.3d 138 (Foy v. Hurley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foy v. Hurley, 19 A.D.3d 138, 795 N.Y.S.2d 884, 2005 N.Y. App. Div. LEXIS 5980 (N.Y. Ct. App. 2005).

Pincite

Opinion

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.

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. Concur—Buckley, PJ., Sullivan, Ellerin, Williams and Catterson, JJ.

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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.

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. Concur—Buckley, PJ., Sullivan, Ellerin, Williams and Catterson, JJ.

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Bluebook (online)

19 A.D.3d 138, 795 N.Y.S.2d 884, 2005 N.Y. App. Div. LEXIS 5980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foy-v-hurley-nyappdiv-2005.