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HOEY v. CITY OF NEW YORK

187 A.D.2d 386 (1992)

Lynette Hoey et al., Respondents-Appellants, v. City of New York et al., Respondents, and Donald Holzer et al., Appellants-Respondents

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

November 19, 1992

The infant plaintiff and her infant deceased sister were struck by a vehicle while attempting to cross the New England Thruway. The Court of Appeals has consistently stated that "[n]egligence cases by their very nature do not usually lend themselves to summary judgment, since often, even if all parties are in agreement as to the underlying facts, the very question of negligence is itself a question for jury determination" (Ugarriza v Schmieder, 46...

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