SCHRAGE v. HATZLACHA CAB CORPORATION


13 A.D.3d 150 (2004)

788 N.Y.S.2d 4

MITCHELL R. SCHRAGE et al., Appellants-Respondents, v. HATZLACHA CAB CORPORATION et al., Respondents-Appellants.

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

December 14, 2004.


Plaintiffs satisfied their initial burden as summary judgment movants by demonstrating prima facie that their dog's demise was solely attributable to the negligent operation by defendant Khan of the taxicab owned by defendant Hatzlacha Cab Corporation. Inasmuch as defendants failed to meet their consequent burden to submit evidence raising a triable issue with respect to liability, the grant of summary judgment was proper (see Perez v Brux Cab Corp.,

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