Myers v. Fir Cab Corp.
N.Y.
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Opinion
Princess Myers, an Infant, by Her Father and Natural Guardian, David Myers, et al., Respondents, v Fir Cab Corp. et al., Appellants.
Attorneys
- APPEARANCES OF COUNSEL
- Robin Mary Heaney for appellants.
- Roy M. Warner for respondents.
Memorandum.
The order of the Appellate Division should be reversed, with costs, and plaintiffs’ motion for partial summary judgment denied. We agree with Justice Bentley Kassal (100 AD2d, at p 33) that summary judgment is inappropriate where, as here, competing inferences may reasonably be drawn as to whether defendant’s conduct constituted negligence.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.
Order reversed, with costs, and plaintiffs’ motion for partial summary judgment denied in a memorandum. Question certified answered in the negative.