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FLORES v. PHARMAKITIS

209 A.D.2d 205 (1994)

618 N.Y.S.2d 293

Miriam Flores et al., Appellants, v. Sandy Pharmakitis, Also Known as Sarantes Pharmakitis, Respondent, et al., Defendants

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

November 3, 1994

"While negligence cases do not generally lend themselves to resolution by a motion for summary judgment, such a motion will be granted where, as here, the facts clearly point to the negligence of one party without any culpable conduct by the other" (Barnes v Lee, 158 A.D.2d 414). The obvious precipitating cause of the accident was defendant Shibab's loss of control of her car after she apparently collided with an unidentified vehicle...

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