CARRINGTON-WHITE v. MALVEY

2008-08206.

66 A.D.3d 811 (2009)

886 N.Y.S.2d 620

2009 NY Slip Op 7572

SHELLY CARRINGTON-WHITE, Respondent, v. JENNIFER MALVEY, Appellant.

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

Decided October 20, 2009.


Ordered that the order is affirmed, with costs.

In response to the plaintiff's demonstration of her entitlement to judgment as a matter of law on the issue of liability, the defendant failed to submit evidence sufficient to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). The defendant's contention that she must have been struck in the rear by an unidentified vehicle immediately...

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