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VIRTUOSO v. PEPSI-COLA COMPANY

286 A.D.2d 868 (2001)

730 N.Y.S.2d 601

DENNIS VIRTUOSO et al., Appellants, v. PEPSI-COLA COMPANY, Respondent.

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

Decided September 28, 2001.

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Plaintiffs commenced this action seeking damages for personal injuries sustained by Dennis Virtuoso (plaintiff) when his vehicle collided with one driven by Paul G. Traver, an employee of defendant. Traver, a sales...

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