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Messana v. Rallo

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2008
48 A.D.3d 523 (N.Y. App. Div. 2008)

Opinion

No. 2007-03745.

February 13, 2008.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Nelson, J.), entered March 19, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Composto Composto, Brooklyn, N.Y. (Frank A. Composto and Eric C. Bryant of counsel), for appellants.

Martyn, Toher Martyn, Mineola, N.Y. (Christine J. Hill of counsel), for respondent.

Before: Mastro, J.P., Skelos, Florio and Dickerson, JJ.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

In response to the defendant's showing of his entitlement to summary judgment dismissing the complaint, the plaintiffs raised a triable issue of fact as to whether the defendant was negligent and, if so, whether his actions were a proximate cause of the accident ( see Exime v Williams, 45 AD3d 633; Croce v Budget Rent-A-Car Corp., 7 AD3d 748; Siegel v Sweeney, 266 AD2d 200, 202). Accordingly, the motion for summary judgment should have been denied ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).


Summaries of

Messana v. Rallo

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2008
48 A.D.3d 523 (N.Y. App. Div. 2008)
Case details for

Messana v. Rallo

Case Details

Full title:ANGELINA MESSANA et al., Appellants, v. SALVATORE A. RALLO, Respondent

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

Date published: Feb 13, 2008

Citations

48 A.D.3d 523 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1309
852 N.Y.S.2d 245

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