ENNEN v. FALLICO


185 A.D.2d 631 (1992)

Mary L. Ennen et al., Respondents, v. Phillip S. Fallico, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 14, 1992


Order unanimously reversed on the law without costs, motion denied and affirmative defense reinstated.

Memorandum:

In this personal injury action arising out of an automobile collision between plaintiff wife (hereinafter plaintiff) and defendant, defendant appeals from an order granting plaintiff's motion for partial summary judgment on the issues of defendant's negligence and plaintiff's contributory fault. We conclude...

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