Opinion
98
Decided April 3, 2003.
Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered October 7, 2002, which, with two Justices dissenting, (1) reversed, on the law and insofar as appealed from, an order of the Supreme Court (Roy S. Mahon, J.), entered in Nassau County, denying a motion by defendant-respondent for summary judgment, (2) granted the motion, (3) dismissed the complaint and all cross claims asserted against defendant-respondent, and (4) severed the action against the remaining defendant.
When plaintiff's decedent was fatally injured in an automobile accident, plaintiff sued defendant-respondent and another driver. Supreme Court denied defendant-respondent's motion for summary judgment.
The majority at the Appellate Division reversed, dismissing the complaint and all cross claims against defendant-respondent, and concluded that in support of her motion for summary judgment defendant-respondent established her entitlement to judgment as a matter of law by submitting evidence that she was confronted with an emergency condition; that plaintiff's expert affidavit in opposition averring that defendant-respondent was speeding, thereby making her a contributor to the accident, was insufficient; and that the affidavit failed to provide any data upon which the opinion was based.
Youthkins v. Cascio, 298 A.D.2d 386, affirmed.
Submitted by Jonathan A. Dachs, for appellants.
Submitted by Judith S. Gann, for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Graffeo and Read concur.
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 298 A.D.2d 386).
Judge Rosenblatt took no part.