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Hill v. Luna

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1000 (N.Y. App. Div. 1993)

Opinion

July 16, 1993

Appeal from the Supreme Court, Niagara County, Joslin, J.

Present — Green, J.P., Pine, Lawton, Boomer and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendants Cronshaw for summary judgment dismissing plaintiffs' complaint. Plaintiff Elizabeth Hill was injured while a passenger in an automobile driven by defendant Betty M. Cronshaw. Another motorist ran a red light and collided with the Cronshaw vehicle, which was proceeding through a green light at a speed of approximately 15 to 20 miles per hour. The Cronshaws established through the deposition testimony of Betty Cronshaw and Elizabeth Hill that the former "did all that a reasonable person would be expected to do under the circumstances" by proceeding with caution (Mansfield v. Graff, 47 A.D.2d 581, 582; see also, Safran v Amato, 155 A.D.2d 653, 654). In response, plaintiffs failed to raise a triable issue of fact (see generally, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065).


Summaries of

Hill v. Luna

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1000 (N.Y. App. Div. 1993)
Case details for

Hill v. Luna

Case Details

Full title:ELIZABETH HILL et al., Appellants, v. CARMEN W. LUNA et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 16, 1993

Citations

195 A.D.2d 1000 (N.Y. App. Div. 1993)
600 N.Y.S.2d 563

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