Opinion

Jellal v. Brown

  • 37 A.D.3d 179
  • 830 N.Y.S.2d 510
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 6, 2007
Status
Published
Cited by
7 cases
Authority
More cited than 78.5%

The opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 9, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant Althea Brown testified that upon seeing the infant plaintiff, who had no memory of the incident, she hit her brakes, blew her horn, and stopped the vehicle. It was also unrefuted that the infant plaintiff left the safety of the sidewalk, attempted to cross the roadway not at the crosswalk, and moved into the path of the vehicle. Under such circumstances, defendants were entitled to summary dismissal (see Sae Hyun Kim v Mirisis, 286 AD2d 761 [2001]; Johnson v Lovett, 285 AD2d 627 [2001]; Miller v Sisters of Order of St. Dominic, 262 AD2d 373 [1999], lv denied 94 NY2d 763 [2000]). Concur—Andrias, J.E, Marlow, Williams, Buckley and Malone, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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