ROBINSON v. DAY


265 A.D.2d 916 (1999)

695 N.Y.S.2d 825

PATRICK K. ROBINSON et al., Appellants, v. BRADLEY DAY et al., Respondents, et al., Defendants.

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

Decided October 1, 1999.


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from an order granting the motion of defendants Bradley Day and K & R Day Trucking, Inc. (K & R) for summary judgment dismissing the complaint and cross claims against them. Plaintiffs contend that there are triable issues of fact concerning the alleged negligence of Day (for which K & R would be vicariously liable) and whether such alleged negligence caused the injuries sustained...

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