HORVATH v. ROSE


261 A.D.2d 438 (1999)

690 N.Y.S.2d 88

ROGER HORVATH, Respondent, v. LEE D. ROSE, Respondent, TOWN OF CARMEL, Appellant, et al., Defendant.

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

Decided May 10, 1999.


Ordered that the order is reversed, on the law, with costs, the appellant's motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

On the afternoon of July 11, 1994, the defendant Lee Rose parked his vehicle in an angled parking space on Route 6N in the Town of Carmel. When Rose backed out of the parking space across the eastbound lane of Route 6N and...

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