| Braxton v Jennings |
| 2009 NY Slip Op 04848 [63 AD3d 772] |
| June 9, 2009 |
| Appellate Division, Second Department |
| Jarius Braxton, Respondent, v Barbara Jennings,Appellant. |
—[*1] Harmon, Linder & Rogowsky, New York, N.Y. (Mitchell Dranow of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Kings County (Jacobson, J.), dated May 27, 2008, which denied her motionfor summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion forsummary judgment dismissing the complaint is granted.
Regardless of whether we accept the plaintiff's or the defendant's version of the subjectaccident, the defendant established, prima facie, that she did not contribute to the accident andthat the sole proximate cause of the accident was the conduct of the infant plaintiff, whosuddenly stepped into the road when it was not safe for him to do so (see 34 RCNY 4-04[b] [2]; cf. Ryan v Budget Rent aCar, 37 AD3d 698 [2007]; Deitz v Huibregtse, 25 AD3d 645 [2006]; Ruocco vMulhall, 281 AD2d 406 [2001]). In opposition, the plaintiff failed to raise a triable issue offact. Spolzino, J.P., Angiolillo, Leventhal and Lott, JJ., concur.