| DeJesus v Alba |
| 2010 NY Slip Op 03803 [14 NY3d 860] |
| May 6, 2010 |
| Court of Appeals |
| As corrected through Wednesday, June 23, 2010 |
[*1]
| Diomara DeJesus, an Infant, by Her Father and Natural Guardian, Francisco DeJesus, Appellant, v Jose J. Alba et al., Respondents. |
Decided May 6, 2010
DeJesus v Alba, 63 AD3d 460, affirmed.
APPEARANCES OF COUNSEL
Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), for appellant.
Picciano & Scahill, P.C., Westbury (Gilbert J. Hardy of counsel), for respondents.
{**14 NY3d at 861} OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. The Appellate Division properly concluded that no triable issues of fact existed whether defendant driver acted prudently under the circumstances.
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.