ELMER v. KRATZER


249 A.D.2d 899 (1998)

672 N.Y.S.2d 584

Michael J. Elmer, Respondent, v. Gerald F. Kratzer et al., Defendants, and City of Niagara Falls, Appellant

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

April 29, 1998


Order reversed on the law without costs, motion granted and amended complaint against defendant City of Niagara Falls dismissed.

Memorandum:

Supreme Court should have granted the motion of defendant City of Niagara Falls (City) for summary judgment dismissing the amended complaint against it.

A tractor-trailer, operated by defendant Gerald F. Kratzer eastbound on Buffalo Avenue in the City, turned right to enter a driveway to the Alox plant. Plaintiff...

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