CIZEK v. ABERBACH


277 A.D.2d 416 (2000)

715 N.Y.S.2d 909

TRACEY CIZEK et al., Respondents, v. MARK ABERBACH, Appellant.

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

Decided November 27, 2000.


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The infant plaintiff was allegedly injured when she was hit by a car driven by the defendant as she was crossing a two-lane road. The trial testimony failed to adduce any evidence that the defendant operated his vehicle in a negligent manner, and for that reason the plaintiffs failed to establish a prima facie case of negligence (cf., Miller v Sisters of Order of St....

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