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CHURYK, JR. v. HANER

276 A.D.2d 736 (2000)

715 N.Y.S.2d 157

BORIS CHURYK, JR., Appellant, v. SHIRLEY HANER et al., Respondents, et al., Defendant.

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

Decided October 30, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where the facts "clearly point to the negligence of one party without any fault or culpable conduct by the other party", summary judgment is appropriate (Morowitz v Naughton, 150 A.D.2d 536, 537). Here, in opposition to the respondents' prima facie case for summary judgment, the plaintiff failed to raise any...

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