HALL v. BARTH


36 A.D.3d 1050 (2007)

825 N.Y.S.2d 922

ROBERT K. HALL et al., Respondents, v. DAVID S. BARTH et al., Appellants.

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

Decided January 11, 2007.


Crew III, J.

Plaintiff Robert K. Hall (hereinafter plaintiff) was involved in a motor vehicle accident on April 27, 2004 when the automobile he was driving collided with a truck parked on the side of the road that was jutting halfway into his lane of travel. As a consequence, plaintiff and his wife, derivatively, commenced this personal injury action against the driver and owner of the truck. After issue was joined and discovery completed, defendants moved for summary...

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