GREEN v. MOWER


302 A.D.2d 1005 (2003)

755 N.Y.S.2d 162

CATHERINE GREEN, as Administratrix of the Estate of ROBERT GREEN, SR., Also Known as ROBERT L. GREEN, SR., Deceased, Respondent, v. STEPHANIE MOWER et al., Appellants.

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

Decided February 7, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum:

Supreme Court erred in denying defendants' motion seeking summary judgment dismissing the complaint. Defendants established that, at 3:00 A.M., plaintiff's decedent was wearing dark clothing and riding a bicycle without illumination when he entered the roadway from a bicycle path...

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