PENA v. SANTANA


5 A.D.3d 649 (2004)

774 N.Y.S.2d 744

REINA PENA, Plaintiff, v. GREGORIO SANTANA, Defendant, and RAMON C. MALDONATO, Defendant and Third-Party Plaintiff-Respondent. ARSENIO PENA, Third-Party Defendant-Appellant.

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

March 22, 2004.


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 third-party complaint is granted, and the third-party complaint is dismissed.

The plaintiff, Reina Pena, was a passenger in a vehicle driven by the third-party defendant, Arsenio Pena (hereinafter the appellant), traveling south on 108th Street, which is a two-way street with one lane in each direction. The defendants...

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