MILLICK v. WHATMAN


253 A.D.2d 996 (1998)

678 N.Y.S.2d 168

Rebecca H. Millick, Respondent, v. Stephen H. Whatman et al., Doing Business as Collins Garbage Service, Appellants. (And a Third-Party Action.)

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

September 24, 1998


Mercure, J. P.

On August 2, 1994, plaintiff was driving her motor vehicle in the Town of Ithaca, Tompkins County, when she was rear-ended by a garbage truck owned by defendants causing her to crash into a second truck. Plaintiff subsequently commenced this negligence action. After issue was joined and discovery was completed, defendants moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to demonstrate the existence...

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