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REED v. CITY OF SYRACUSE

309 A.D.2d 1195 (2003)

765 N.Y.S.2d 125

RUDOLPH L. REED, Plaintiff, v. CITY OF SYRACUSE, Defendant and Third-Party Plaintiff. DAVID A. HUDSON, Third-Party Defendant. DAVID A. HUDSON, Second Third-Party Plaintiff-Respondent-Appellant, v. RUDOLPH L. REED et al., Second Third-Party Defendants-Appellants-Respondents, and CITY OF SYRACUSE, Second Third-Party Defendant-Respondent. (Appeal No. 1.)

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion of David A. Hudson for partial summary judgment seeking a determination that he was not comparatively negligent as a matter of law and as modified the order is affirmed without costs.

Memorandum:

These actions arise out of a motor vehicle collision between a vehicle driven by Rudolph L. Reed and one driven...

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