HOWELL v. HOLLOWAY


17 A.D.3d 1117 (2005)

794 N.Y.S.2d 259

RENITA HOWELL, Appellant, v. TREVOR D. HOLLOWAY, Respondent.

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

April 29, 2005.


It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied and the complaint is reinstated.

Memorandum:

Plaintiff commenced this action to recover damages for injuries she sustained in a motor vehicle accident for which defendant has conceded he was at fault. Supreme Court erred in granting defendant's cross motion seeking summary judgment dismissing the complaint...

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