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DIANA VENTO, plaintiff-respondent, v. CITY OF NEW YORK, defendant-respondent, JOSEPH T. GURAL, et al., appellants.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The court erred when it denied the appellants' motion for summary judgment. The record is devoid of any proof that they were in any way responsible for the accident. A plaintiff cannot make belated assertions raising feigned issues in an attempt to avoid the consequences of dismissal ( see, Fontana v. Fortunoff, 246 A.D.2d 626; Miller v. City of New York, 214 A.D.2d 657; Garvin v. Rosenberg, 204 A.D.2d 388).

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VENTO v. CITY OF NEW YORK
(Jun 1, 1999)