GILMORE v. RITCHIE


260 A.D.2d 347 (1999)

687 N.Y.S.2d 678

MICHAEL J. GILMORE, Respondent, v. DONALD M. RITCHIE, Respondent, and MICHELLE L. MARK, Appellant.

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

Decided April 5, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as they are asserted against the defendant Michelle L. Mark, and the action against the remaining defendant is severed.

Contrary to the plaintiff's contentions, even if the appellant had been negligent in parking her vehicle on the eastbound, center median of the Long Island Expressway, her actions were not the proximate cause...

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