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Mark A. Prine v. Adam M. Santee

New York Court of Appeals


May 7, 2013

MARK A. PRINE, APPELLANT,
v.
ADAM M. SANTEE, APPELLANT, SIMON M. COAL-ALOOR, DEFENDANT, ANNA TORRES, RESPONDENT.

New York Court of Appeals SSM9mem13_Decision.pdf

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Viewing the evidence in a light most favorable to plaintiff Mark A. Prine and defendant Adam M. Santee (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 NY3d 931, 932 [2007]), defendant Anna Torres demonstrated her entitlement to summary judgment dismissing the complaint and all cross claims against her. The nonmoving parties failed to raise a triable issue of fact as to whether Torres's actions as the lead driver in this four-vehicle-chain-reaction accident constituted a contributing cause of the collision (cf. Tutrani v County of Suffolk, 10 NY3d 906, 907-908 [2008]). On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.

20130507

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