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DAVIS v. BARNUM

113 A.D.2d 916 (1985)

Elizabeth C. Davis, an Infant, by Her Father and Natural Guardian, Robert L. Davis, et al., Appellants-Respondents, v. Valerie Barnum, Respondent-Appellant, and Steven Sokolow, Individually and as Parent and Natural Guardian of Lee Sokolow, an Infant, Respondent

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

September 30, 1985

Order affirmed, with costs to respondents.

Special Term properly granted the Sokolows' motion for summary judgment since plaintiffs have failed to establish a genuine issue of fact with respect to whether the Sokolows' alleged negligence was a proximate cause of the accident in question (see, Lomnitz v Town of Woodbury, 81 A.D.2d 828). It was not error for Special Term to deny summary judgment sua sponte to...

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