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HILL v. LUNA

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 16, 1993
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Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendants Cronshaw for summary judgment dismissing plaintiffs' complaint. Plaintiff Elizabeth Hill was injured while a passenger in an automobile driven by defendant Betty M. Cronshaw. Another motorist ran a red light and collided with the Cronshaw vehicle, which was proceeding through a green light at a speed of approximately 15 to 20 miles per hour. The Cronshaws established through the deposition testimony of Betty Cronshaw and Elizabeth Hill that the former "did all that a reasonable person would be expected to do under the circumstances" by proceeding with caution (Mansfield v. Graff, 47 A.D.2d 581, 582; see also, Safran v Amato, 155 A.D.2d 653, 654). In response, plaintiffs failed to raise a triable issue of fact (see generally, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065).