ASH v. McNAMARA (2001)

Supreme Court, Appellate Division, Fourth Department, New York.

Brenda ASH, as Mother and Natural Guardian of Gregloria Vazquez, an Infant, Plaintiff-Appellant, v. James N. McNAMARA, Defendant-Respondent.

Decided: November 09, 2001

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE and LAWTON, JJ.

Alan J. Pierce, for plaintiff-appellant. Beth A. Brownson, for defendant-respondent.

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 plaintiff's 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 A.D.2d 938, 939, 722 N.Y.S.2d 332; Brown v. City of New York, 237 A.D.2d 398, 398-399, 655 N.Y.S.2d 567).

Order unanimously affirmed without costs.

MEMORANDUM:

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