MATUSOVSKAYA v. VALCOURT


6 A.D.3d 507 (2004)

774 N.Y.S.2d 424

YEKATERINA MATUSOVSKAYA, Respondent, v. JOSEPH VALCOURT, Respondent, and SARAH WOODSON, Appellant.

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

April 12, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where the unrefuted facts clearly point to the negligence of one or more of the other parties without...

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