McNULTY v. DEPETRO


298 A.D.2d 566 (2002)

750 N.Y.S.2d 89

RAYMOND McNULTY et al., Respondents, v. SALVATORE DEPETRO, Appellant, and HOWARD SHERMAN, Respondent.

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

Decided October 28, 2002.


Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, the complaint and the cross claim are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The instant action arises out of an alleged three-vehicle collision involving the plaintiffs, the appellant, and the defendant Howard Sherman. It is undisputed that Sherman's vehicle struck the appellant's vehicle from the...

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