LAWHORN v. SCOTT


298 A.D.2d 503 (2002)

748 N.Y.S.2d 396

MARIAN L. LAWHORN et al., Respondents, v. DARRIN F. SCOTT et al., Respondents, and SERRINA NELSON et al., Appellants.

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

Decided October 21, 2002.


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 asserted against the appellants, and the action against the remaining defendants is severed.

The appellants made out a prima facie case on their motion for summary judgment by demonstrating that their vehicle was stopped and at rest before its being hit by the vehicle driven by the defendant Darrin F. Scott and owned by the...

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