Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant contends that the plaintiff's negligent operation of her vehicle was the sole proximate cause of the accident. Although this contention was argued for the first time in the defendant's reply papers in support of its motion for summary judgment, this Court may address the issue because the plaintiff had the opportunity to respond in surreply (see Matter of Hayden v County of Nassau...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.