TRAUB v. LERMER USA, INC.


289 A.D.2d 398 (2001)

734 N.Y.S.2d 901

HEIDIMARIE TRAUB, Respondent, v. LERMER USA, INC., et al., Defendants, and MAJESTIC AEROTECH, INC., Appellant. (And a Third-Party Action.)

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

Decided December 17, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

In opposition to the appellant's prima facie showing of its entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether the accident was caused by its alleged negligence. Since a...

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