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deVOIL v. WALLACE

221 A.D.2d 411 (1995)

634 N.Y.S.2d 384

Alexandra Devoil, Respondent, v. Lisa Wallace, Appellant

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

November 13, 1995

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 facts clearly point to the negligence of one party without any fault or culpable conduct by the other party" (Morowitz v Naughton, 150 A.D.2d 536, 537). Here, the defendant was unquestionably responsible for causing the accident...

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