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WEBB v. TIRE AND BRAKE DISTRIBUTOR, INC.

13 A.D.3d 835 (2004)

786 N.Y.S.2d 636

MICHAEL L. WEBB, Respondent-Appellant, v. TIRE AND BRAKE DISTRIBUTOR, INC., Doing Business as TIRE WAREHOUSE, Appellant-Respondent.

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

December 16, 2004.

Spain, J.

Plaintiff commenced this negligence action seeking damages for personal injuries allegedly sustained on July 8, 1998 when the left front wheel of the car he was driving came off, causing him to lose control of the car just minutes after he claims that defendant's employees had mounted two used tires on the front wheels of the car. Issue was joined and plaintiff was examined at a deposition in November 1999, but defendant failed to produce any representative...

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