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KELLY v. RUBIN

224 A.D.2d 262 (1996)

642 N.Y.S.2d 204

Carolyn Kelly et al., Appellants, v. Bernard Rubin, Defendant, and Joseph Somma, Respondent

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

February 13, 1996

Defendant Somma established that he was not negligent as a matter of law by producing admissible, uncontradicted evidence that his car sustained a sudden tire blowout, and it never came into contact with plaintiffs' or codefendant's vehicles (see, Menekou v Crean, 222 A.D.2d 418). Not only did plaintiffs fail to adduce any proof showing any negligence on Somma's part, but they also failed to offer any evidence which would...

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