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CARPIO v. LEAHY MECHANICAL CORPORATION

30 A.D.3d 554 (2006)

816 N.Y.S.2d 762

ESTHER CARPIO, Appellant, v. LEAHY MECHANICAL CORPORATION et al., Respondents.

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

June 20, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff established her prima facie entitlement to judgment as a matter of law by presenting undisputed proof that the negligence of the defendant Cengiz Yaraner in failing to stop for a red traffic light was the sole proximate cause of the accident. In opposition, the defendants' conclusory assertions that the plaintiff may have...

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