Burton v Gurung

Holding The court affirmed the summary judgment dismissing the complaint against the livery defendants because they established they were not at fault in the accident. The plaintiff failed to raise a triable issue of fact regarding the cause of the collision or the prematurity of the motion.

The court’s words

the issue of proximate cause may be decided as a matter of law where only one conclusion may be drawn from the established facts

2026 NY Slip Op 06088, at the official text

the mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is an insufficient basis for denying the motion

2026 NY Slip Op 06088, at the official text