BAPTISTE v. ROBERTS


249 A.D.2d 256 (1998)

671 N.Y.S.2d 283

Celine J. Baptiste, Plaintiff, v. Hayden G. Roberts, Appellant, and Marie C. Ulcena, Respondent, et al., Defendant

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

April 6, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion by the defendant Marie C. Ulcena which was for summary judgment dismissing the cross claims against her is denied.

The Supreme Court erred in granting summary judgment to the respondent, because there is a triable issue of fact as to whether her vehicle was involved in the subject...

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