BETTS v. MARECKI


247 A.D.2d 916 (1998)

668 N.Y.S.2d 422

Kenneth J. Betts et al., Respondents, v. John Marecki, Appellant, and Jerritt S. Wilson et al., Respondents

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

February 4, 1998


Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendant John Marecki dismissed.

Memorandum:

Supreme Court erred in denying the motions of defendant John Marecki for summary judgment dismissing the complaint and cross claims against him. Marecki, the driver of the second vehicle in a chain-reaction motor vehicle accident, testified at an examination before trial that he had his foot on the brake and...

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