KEMENYASH v. MCGOEY


306 A.D.2d 516 (2003)

762 N.Y.S.2d 629

DYERD KEMENYASH, Appellant, v. TIMOTHY P. MCGOEY, Respondent.

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

Decided June 30, 2003.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

In support of his motion for summary judgment, the plaintiff submitted a police accident report recorded by a police officer at the scene, which contained an admission by the defendant that, as he was taking the key out of his vehicle's ignition, his vehicle rolled forward and hit the plaintiff, who was standing behind the plaintiff's parked vehicle. Contrary to the defendant's...

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