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VERMILYEA v. LEE

30 A.D.2d 830 (1968)

Clarence J. Vermilyea, an Infant by Catherine Vermilyea, His Parent, et al., Respondents, v. Roger H. Lee et al., Defendants, and Lawrence Scully, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 8, 1968

Order reversed, with $10 costs and disbursements, and motion granted.

In our opinion, the papers submitted herein clearly establish that nothing in appellant's conduct can be construed as having been a proximate cause of plaintiff's injuries. Therefore, there can be no liability on his part and no triable issue as to whether he was negligent (see Rivera v. City of New York, 11 N.Y.2d 856

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