Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant John N. Sugrue is denied, and the complaint is reinstated against that defendant.
The appellant was a passenger in a vehicle operated by the defendant John N. Sugrue which was involved in a three-vehicle collision. The defendant Andrew W. Novak was the driver...
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