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MYERS v. FIR CAB CORP

100 A.D.2d 29 (1984)

Princess Myers, an Infant, by her Father and Natural Guardian, David Myers, et al., Respondents, v. Fir Cab Corp. et al., Appellants

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

March 8, 1984

Attorney(s) appearing for the Case

Robin Mary Heaney of counsel (McCormick, Dunne & Foley, attorneys), for appellants.

Roy M. Warner for respondents.

BLOOM and MILONAS, JJ., concur with FEIN, J.; SANDLER, J. P., and KASSAL, J., dissent in an opinion by KASSAL, J.

FEIN, J.

The summary judgment granted to plaintiffs on liability only should be affirmed with costs for the reasons stated by Justice ALFRED M. ASCIONE at Special Term.

We would add that defendants have failed to submit any evidentiary facts sufficient to raise a triable issue. In opposing a motion for summary judgment even in a negligence action, it must be shown that there are evidentiary facts requiring a trial (Horowitz v Konner, Inc.<...

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