SZYMANSKI v. ROBINSON


234 A.D.2d 992 (1996)

651 N.Y.S.2d 826

Raymond D. Szymanski et al., Respondents, v. Alfred W. Robinson, Appellant

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

December 30, 1996


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Defendant submitted deposition testimony establishing that plaintiffs' vehicle was struck from behind in the right lane of traffic, while defendant's vehicle was struck from behind in the left lane of traffic and sustained no damage to its front end. In opposition...

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