CASCANTE v. KAKAY

Nos. 5812, 301391/08.

88 A.D.3d 588 (2011)

931 N.Y.S.2d 295

2011 NY Slip Op 7488

OLIVENYA CASCANTE, Plaintiff, v. BAZAR KAKAY et al., Appellants, and KHALID MOHAMMED, Respondent.

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

Decided October 25, 2011.


Mohammed established his prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when the vehicle in which she was riding, which was operated by defendant Kakay and owned by defendant Chester Cab Corp. (collectively Kakay), collided with Mohammed's vehicle. Mohammed demonstrated that Kakay's negligence was the sole proximate cause of the accident by submitting, inter alia, deposition testimony of plaintiff and Mohammed indicating...

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