MICHEL v. GRESSIER


298 A.D.2d 507 (2002)

748 N.Y.S.2d 512

JEAN MICHEL, Respondent, v. LUCTON GRESSIER et al., Appellants.

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

Decided October 21, 2002.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed.

Benita Michel, a pedestrian (hereinafter the decedent), was killed when she came into contact with an automobile driven by the defendant, Eric Delfonce, and owned by the defendant Lucton Gressier.

The evidence presented at trial was insufficient to establish a prima facie case of negligence. It is well settled that for the court to conclude...

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