MALONEY v. NIEWENDER


27 A.D.3d 426 (2006)

812 N.Y.S.2d 585

GERARD MALONEY, JR., Respondent, v. SUSAN NIEWENDER, Appellant, and TOVA BEIGE et al., Respondents.

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

March 7, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Susan Niewender, and the action against the remaining defendants is severed.

The appellant demonstrated her entitlement to judgment as a matter of law by establishing that the codefendant Tova Beige violated Vehicle and Traffic Law § 1141 when she made...

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