LoBIANCO v. LAKE


62 A.D.3d 590 (2009)

879 N.Y.S.2d 135

CHARLES LoBIANCO, Respondent, v. CHRISTOPHER LAKE et al., Appellants, et al., Defendant.

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

Decided May 26, 2009.


Defendants-appellants made a prima facie showing of entitlement to judgment as a matter law by demonstrating that they were not involved in plaintiff's accident. A nonparty eyewitness and defendant driver both testified that, after plaintiff rear-ended another vehicle, he was no longer on his motorcycle when the motorcycle alone slid across several lanes of traffic before coming into contact with defendants' truck.

In opposition, plaintiff failed to raise a triable...

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