WALLACE v. KUHN


23 A.D.3d 1042 (2005)

804 N.Y.S.2d 187

NINA R. WALLACE, Respondent, v. ROBERT G. KUHN, Respondent, and RODNEY B. SWAIN, Appellant.

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

November 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendant Rodney B. Swain is dismissed.

Memorandum:

Plaintiff commenced this action to recover damages for injuries she sustained in a motor vehicle accident. Plaintiff was a passenger in a vehicle driven by defendant Rodney B. Swain, her brother, and the accident occurred in the middle...

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