Myers v. Fir Cab Corp. — 64 N.Y.2d 806

Majority

p. 806

Princess Myers, an Infant, by Her Father and Natural Guardian, David Myers, et al., Respondents, v Fir Cab Corp. et al., Appellants.

Argued January 3, 1985;

decided February 5, 1985

p. 807

APPEARANCES OF COUNSEL

Robin Mary Heaney for appellants.

Roy M. Warner for respondents.

p. 808

OPINION OF THE COURT

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.