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THALER v. ASPEN READY MIX CORP.

286 A.D.2d 763 (2001)

730 N.Y.S.2d 717

JOEL THALER et al., Respondents, v. ASPEN READY MIX CORP. et al., Appellants.

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

Decided September 24, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' motion for summary judgment was timely (see, Di Rosario v Williams, 276 A.D.2d 583).

Moreover, the medical evidence submitted in support of the defendants' motion established prima facie that the plaintiff Joel Thaler did not, as a result of...

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