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RUOTOLO v. AMBU-WAGON, INC.

206 A.D.2d 416 (1994)

616 N.Y.S.2d 197

Mary P. Ruotolo, by Her Mother and Natural Guardian, Catherine Ruotolo, Respondent, v. Ambu-Wagon, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Rajanikant Shah et al., Third-Party Defendants-Respondents. (Action No. 1.) Theresa Bottiglieri, by Her Father and Natural Guardian, Luke Bottiglieri, et al., Respondents, v. Ambu-Wagon, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Rajanikant Shah et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

July 11, 1994

Ordered, that the order is affirmed, with costs.

While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the unrefuted facts clearly point to the negligence of the decedent, the defendant Richards, without any fault or culpable conduct by the third-party defendant Rajanikant Shah (see, Wank v Ambrosino, 307 N.Y. 321, 323-324;

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