MESSANA v. RALLO


48 A.D.3d 523 (2008)

852 N.Y.S.2d 245

ANGELINA MESSANA et al., Appellants, v. SALVATORE A. RALLO, Respondent.

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

Decided February 13, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

In response to the defendant's showing of his entitlement to summary judgment dismissing the complaint, the plaintiffs raised a triable issue of fact as to whether the defendant was negligent and, if so, whether his actions were a proximate cause of the accident (see Exime v Williams, 45 A.D.3d 633...

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